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ATTORNEYS INS. MUT. v. DEPT. OF INS.

2081139.

64 So.3d 1 (2010)

ATTORNEYS INSURANCE MUTUAL OF ALABAMA, INC. v. ALABAMA DEPARTMENT OF INSURANCE.

Court of Civil Appeals of Alabama.

October 22, 2010.

Attorney(s) appearing for the Case

Joseph C. Espy III of Melton, Espy & Williams, P.C., Montgomery; and John T. Mooresmith and Jack P. Stephenson, Jr. , of Burr & Forman LLP, Birmingham, for appellant.

J. Failey McDonald III , chief counsel, and Ryan Donaldson , assoc. counsel, Alabama Department of Insurance, for appellee.

Harry W.R. Chamberlain II of Buchalter Nemer, P.C., Los Angeles, California; and Larry W. Harper and Keith J. Pflaum of Porterfield, Harper, Mills & Motlow, P.A., Birmingham, for amici curiae Lawyers Mutual Insurance Company of Kentucky, Ohio Bar Liability Insurance Company, Oklahoma Attorneys Mutual Insurance Company, and Texas Lawyers' Insurance Exchange, in support of the appellant.

On Applications for Rehearing

PER CURIAM.

The opinion of August 13, 2010, is withdrawn, and the following is substituted therefor.

This is an appeal of a judgment affirming an administrative decision of the commissioner ("the commissioner") of the Alabama Department of Insurance ("the department").

The record indicates that Attorneys Insurance Mutual of Alabama, Inc. ("AIM"), was created in 1988 and began operating in 1989 as a provider...

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