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SANFORD v. LIBERTY MUT. INS. CO.

87-301.

536 So.2d 941 (1988)

James Larry SANFORD, Sr. v. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Court of Alabama.

November 23, 1988.

Attorney(s) appearing for the Case

Jere L. Beasley, Kenneth J. Mendelsohn, and Mary Ellen Lamar of Beasley, Wilson, Allen & Mendelsohn, Montgomery, for appellant.

William I. Hill II, Carlton M. Johnson, Jr., and Alex L. Holtsford, Jr., of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee.

PER CURIAM.

The trial court granted defendant Liberty Mutual Insurance Company's motion to dismiss the plaintiff's tort claims for bad faith refusal to pay a claim and bad faith refusal to investigate a claim. The dismissal was made final pursuant to rule 54(b), A.R.Civ.P. A claim for breach of contract remains pending in the trial court.

In a "motion to dismiss" context, the trial court—without evidentiary...

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