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ALLSTATE INS. CO. v. HUGH COLE BUILDER, INC.

1990046.

772 So.2d 1145 (2000)

ALLSTATE INSURANCE COMPANY, as subrogee of Russell Davis v. HUGH COLE BUILDER, INC., and Hugh Cole individually and d/b/a Hugh Cole Builder, Inc.

Supreme Court of Alabama.

June 2, 2000.

Attorney(s) appearing for the Case

Donald R. Jones, Jr., of Balch & Bingham, L.L.P., Montgomery; Mark S. Grotefeld and Brad M. Gordon of Grotefeld & Denenberg, L.L.C., Chicago, Illinois; and Jeffrey R. Learned of Grotefeld & Denenberg, Bingham Farms, Michigan, for plaintiff.

Micheal S. Jackson of Beers, Anderson, Jackson, Nelson, Hughes & Patty, P.C., Montgomery, for defendant.

LYONS, Justice.

The United States District Court for the Middle District of Alabama has certified to this Court the following question, pursuant to Rule 18, Ala. R.App. P.:

"Does the `made-whole' rule prevent a property insurer which has paid its insured under the policy, and obtained a subrogation agreement, from maintaining a timely filed subrogation suit against a third-party which allegedly caused the damage, where the insured has not been made whole...

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