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STATE FARM MUT. AUTO. INS. CO. v. MOTLEY

No. 1031285.

909 So.2d 806 (2005)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Debra W. MOTLEY, as mother and next friend of Douglas Lee Esco II, a minor, deceased.

Supreme Court of Alabama.

March 25, 2005.

Attorney(s) appearing for the Case

Ralph D. Gaines III and Brian H. Tobin of Gaines, Wolter & Kinney, P.C., Birmingham, for appellant.

Randall S. Haynes and Nancy L. Eady of Morris, Haynes & Hornsby, Alexander City, for appellee.

Leila H. Watson of Cory, Watson, Crowder & DeGaris, P.C., Birmingham, for amicus curiae Alabama Trial Lawyers Association, in support of the appellee.

Craig A. Alexander of Adams & Reese, LLP, Birmingham; Joana S. Ellis of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, and Jack W. Tolbert, Jr., Montgomery, for amicus curiae Alabama Defense Lawyers Association, in support of the appellant.

HARWOOD, Justice.

This appeal involves the construction to be accorded certain provisions of the Alabama Uninsured Motorist Act, § 32-7-23, Ala.Code 1975 ("the Act"), as those provisions impact the credit or "set-off" against underinsured-motorist coverage an insurer may enforce under the provisions of its policy. We affirm the judgment of the trial court limiting the scope of the set-off to the amount of underinsured-motorist coverage of the liability insurance...

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