Important Appellate Decision

Important Appellate Decision

In a case stemming from an automobile accident, Partner Nancy Eady recently achieved an important appellate victory that led to a clarification of Alabama law on insurance.  The issue on appeal, a case of first impression in Alabama,  was whether an insurance policy that contained an exclusion for cars used to deliver newspapers was effective when, at the time the policy was first issued, the driver was not delivering newspapers, but at the time of the accident he was.  A further question was whether the exclusion applied to the car all of the time, or solely when the car was engaged in delivering newspapers.  The Alabama Supreme Court ruled that the exclusion only applied when the car was actively being used to deliver newspapers.

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