BAILEY v. LIBERTY MUT. INS. CO.

82-1246.

451 So.2d 279 (1984)

Annie Doretha BAILEY v. LIBERTY MUTUAL INSURANCE COMPANY, et al.

Supreme Court of Alabama.

May 25, 1984.


Attorney(s) appearing for the Case

Charles F. Carr of Rives & Peterson, Birmingham, for appellant.

George M. Van Tassel, Jr. of Sadler, Sullivan, Sharp & Stutts, Birmingham, for appellees.


MADDOX, Justice.

The question here is whether under the terms of the insurance policy issued to the plaintiff's employer there was an implied warranty by the insuror to inspect the policyholder's premises and equipment in a good and careful manner so as to give the plaintiff, who was injured on the premises, a right to sue the insuror in contract. We conclude that the plaintiff's action was ex delicto and not ex contractu, making applicable the one year...

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