Supreme Court of Alabama.https://leagle.com/images/logo.png
June 28, 2002.
June 28, 2002.
Attorney(s) appearing for the Case
Jeff S. Daniel of Jackson & Shuttlesworth, P.C., Birmingham; David Hodge of Kuykendall & Associates, Birmingham; and Carl E. Chamblee, Jr., and William H. Weems, Jr., of Chamblee, Ennis, Weems & Malone, L.L.C., Birmingham, for plaintiff.
Henry T. Morrissette and Windy Cockrell Bitzer of Hand Arendall, L.L.C., Mobile; William J. Kayatta, Jr., of Pierce Atwood, Portland, Maine; and Mark Schmidtke of Hoeppner Wagner & Evans, L.L.P., Valparaiso, Indiana, for defendants.
Forrest S. Latta and Chad C. Marchand of Pierce, Ledyard, Latta, Wasden & Bowron, P.C., Mobile; and Joana S. Ellis of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for amicus curiae Alabama Defense Lawyers Association, in support of the defendants.
Duncan B. Blair and Frances King Quick of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham, for amici curiae Blue Cross Blue Shield of Alabama and Business Council of Alabama, in support of the defendants.
Patrick Nakamura of Nakamura, Quinn & Walls, L.L.P., Birmingham, for amici curiae Health Insurance Association of America, American Association of Health Plans, American Benefits Council, and Association of Alabama Life Insurance Companies, in support of the defendants.
Supreme Court of Alabama.
HOUSTON, Justice.
The United States District Court for the Northern District of Alabama has certified the following question to this Court:
"Is the Alabama tort of bad faith, as codified in [Ala.Code 1975,] § 27-12-24, and as previously existed before its codification, a law which (a) is limited solely to insurers; and (b) constitutes a regulation of the insurance industry under Alabama law?"
We initially accepted the certified question. However...
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