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NATIONWIDE MUT. INS. CO. v. CLAY

82-536, 82-917.

525 So.2d 1339 (1987)

NATIONWIDE MUTUAL INSURANCE COMPANY v. Henry Garrard CLAY. NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation v. Henry Garrard CLAY.

Supreme Court of Alabama.

Rehearing Denied April 29, 1988.

Attorney(s) appearing for the Case

Bert S. Nettles and Forrest S. Latta of Nettles, Barker, Janecky & Copeland, Mobile, and Geoffrey C. Hazard, Jr., New Haven, Conn., for appellant.

Fred W. Killion, Jr. and William W. Watts of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, and Patricia K. Olney, Merritt Island, Fla., for appellee.

Edgar M. Elliott III and Karon O. Bowdre of Rives & Peterson, Birmingham, for amicus curiae State Farm Mut. Auto. Ins. Co.

PER CURIAM.

This case comes to us again on remand from the Supreme Court of the United States. The judgment of this Court was vacated and the case was remanded to us for further consideration in light of Aetna Life Insurance Co. v. Lavoie, 475 U.S. 813, 106 S.Ct. 1580, 89 L.Ed.2d 823 (1986). In the Lavoie case, the judgment was vacated because one of the Justices of this Court had authored the opinion in a 5-4 decision...

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