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PROFESSIONAL INS. CORP. v. SUTHERLAND

1950372.

700 So.2d 347 (1997)

PROFESSIONAL INSURANCE CORPORATION, et al. v. James A. SUTHERLAND, et al.

Supreme Court of Alabama.

July 18, 1997.

Attorney(s) appearing for the Case

Bruce F. Rogers and Alfred F. Smith, Jr., of Bainbridge, Mims, Rogers & Smith, L.L.P., Birmingham, for Professional Insurance Corporation and PennCorp.

James A. Byram of Balch & Bingham, Montgomery, for Jeff Sikora, Morris W. Pettit, and Homer Ray Smith.

Thomas T. Gallion III and Susan E. Kennedy of Haskell, Slaughter, Young, Johnston & Gallion, Montgomery, for appellees.

Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for amicus curiae Alabama Trial Lawyers Ass'n, in support of the appellees' application for rehearing.

On Application for Rehearing

SHORES, Justice.

The opinion of March 28, 1997, is withdrawn, and the following opinion is substituted therefor.

This is an interlocutory appeal pursuant to Rule 5, Ala. R.App. P. The question presented is whether the Alabama courts should continue to refuse to enforce "outbound" forum selection clauses on the grounds that such clauses are against public policy and therefore void per se.1

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