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EX PARTE CINCINNATI INS. CO.

1081699.

51 So.3d 298 (2010)

Ex parte The CINCINNATI INSURANCE COMPANY. (In re Ray Peacock v. The Cincinnati Insurance Company).

Supreme Court of Alabama.

June 11, 2010.

Attorney(s) appearing for the Case

William P. Gray, Jr. , and Douglas N. Robertson of Gray & Associates, LLC, Birmingham; and John P. Oliver II and Mark Allen Treadwell III of Oliver & Treadwell, L.L.P, Dadeville, for petitioner.

Charles A. McCallum III and R. Brent Irby of McCallum, Hoaglund, Cook & Irby, LLP, Vestavia Hills; and Kenneth E. Riley of Farris, Riley & Pitt, LLP, Birmingham, for respondent.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Property Casualty Insurers Association of America, in support of the petitioner.

M. Christian King and Sara Anne Ford of Lightfoot, Franklin & White, L.L.C., Birmingham, for amicus curiae Alfa Mutual Insurance Company, in support of the petitioner.

J. Fairley McDonald III , chief counsel, legal div., Alabama Department of Insurance, for amicus curiae Jim L. Ridling , in his official capacity as Commissioner of Insurance, in support of the petitioner.

LYONS, Justice.

The Cincinnati Insurance Company ("Cincinnati"), the defendant in a putative class action filed by Ray Peacock, has filed a petition for a writ of mandamus requesting that this Court direct the trial court to dismiss Peacock's claims against Cincinnati because, Cincinnati argues, the trial court lacked subject-matter jurisdiction and Peacock failed to exhaust his administrative remedies. We grant the petition and issue the writ.

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