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MUTUAL ASSUR., INC. v. MADDEN

1911048, 1911049.

627 So.2d 865 (1993)

MUTUAL ASSURANCE, INC. v. Thomas L. MADDEN, as Administrator of the Estate of Michelle M. Madden, deceased. Dr. Owen B. EVANS v. Thomas L. MADDEN, as Administrator of the Estate of Michelle M. Madden, deceased.

Supreme Court of Alabama.

Rehearing Denied September 3, 1993.

Attorney(s) appearing for the Case

W. Stancil Starnes and Sybil Vogtle Abbott of Starnes & Atchison, Birmingham, and W. Boyd Reeves of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for Mutual Assur., Inc.

John N. Leach, Jr. and Joseph D. Steadman of Helmsing, Lyons, Sims & Leach, P.C., Mobile, for Dr. Owen B. Evans.

Andrew T. Citrin, John T. Crowder, Jr. and Michael A. Worel of Cunningham, Bounds, Yance, Crowder and Brown, Mobile, for Thomas L. Madden.

KENNEDY, Justice.

The defendant, Dr. Owen B. Evans, and his insurer, Mutual Assurance, Inc., appeal from a post-trial order requiring Mutual Assurance to appear "and show cause as to why th[e] court should not consider Dr. Evans's potential claims ... against Mutual Assurance" on his request for a remittitur of a punitive damages award. Dr. Evans has alleged that this award, in favor of the plaintiff, Thomas L. Madden, as...

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