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CARTER v. OLD AMERICAN INS. CO.

88-150.

544 So.2d 917 (1989)

Brenda CARTER v. OLD AMERICAN INSURANCE COMPANY.

Supreme Court of Alabama.

Rehearing Denied May 26, 1989.

Attorney(s) appearing for the Case

Robert L. Gonce of Gonce, Young & Westbrook, Florence, for appellant.

A. Stewart O'Bannon III of O'Bannon & O'Bannon, Florence, for appellee.

HOUSTON, Justice.

Brenda Carter sought damages from Old American Insurance Company ("insurance company") based on breach of contract, fraud in the inception, and bad faith refusal to pay insurance proceeds. Ms. Carter dismissed her fraud count with prejudice and her contract count without prejudice. The insurance company denied the allegations of the bad faith count and asserted as a further defense the unconstitutionality of punitive damages in Alabama in general...

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