AUTO-OWNERS INS. CO. v. ABSTON

1001565.

822 So.2d 1187 (2001)

AUTO-OWNERS INSURANCE COMPANY v. David M. ABSTON and Congress Life Insurance Company.

Supreme Court of Alabama.

December 14, 2001.


Attorney(s) appearing for the Case

Roger S. Morrow, Wesley Romine, and Joel H. Pearson of Morrow, Romine & Pearson, P.C., Montgomery; and W. Beatty Pearson of Pearson, Cummins & Hart, L.L.C., Spanish Fort, for appellant.

David M. Cowan, of Mann, Cowan & Potter, P.C., Birmingham; and William T. Utsey of Utsey & Utsey, Butler, "of counsel," for appellee David M. Abston.


HOUSTON, Justice.

Auto-Owners Insurance Company ("Auto-Owners") appeals from a judgment entered on a jury verdict in favor of its insured, David Abston. The $1 million judgment stems from Abston's claims of breach of contract, bad-faith failure to pay, and fraud relating to Auto-Owners' duty to pay $2,000 in medical expenses under its insurance contract with Abston. Auto-Owners argues that it was entitled to a judgment as a matter of law as to each of these claims...

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