CELTIC LIFE INS. CO. v. BROWN

1011007 and 1011237.

850 So.2d 322 (2002)

CELTIC LIFE INSURANCE COMPANY v. Barry R. BROWN and Kimberly Brown. E. Graham Stokes v. Barry R. Brown and Kimberly Brown.

Supreme Court of Alabama.

Rehearing Applications Denied December 20, 2002.


Attorney(s) appearing for the Case

Robert S.W. Given, F.A. Flowers III, and Harlan F. Winn III of Burr & Forman, L.L.P., Birmingham, for appellant Celtic Life Insurance Company.

Barry A. Brock and J. David Moore of Walston, Wells, Anderson & Bains, L.L.P., Birmingham, for appellant E. Graham Stokes.

Ted L. Mann and Robert Potter of Mann, Cowan & Potter, P.C., Birmingham, for appellees.


HOUSTON, Justice.

The sole issue in these consolidated appeals is whether the Barbour Circuit Court erred when it denied the appellants' motions to compel arbitration on the basis that the relevant arbitration agreement bars the arbitrator from awarding punitive damages (although the right to enforce this provision was waived) and contains no severability clause. The initial briefs in this case were filed before the release of our decision in Ex parte Celtic Life...

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