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DOWNEY v. TRAVELERS PROPERTY CAS. INS. CO.

1100272.

74 So.3d 952 (2011)

Lou Ann DOWNEY and Delbert Downey v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY.

Supreme Court of Alabama.

June 30, 2011.

Attorney(s) appearing for the Case

Myron K. Allenstein and Rose Marie Allenstein of Allenstein & Allenstein, LLC, Gadsden, for plaintiffs.

Brenen G. Ely and Susan Haygood McCurry of Ely & Isenberg, LLC, Birmingham, for defendant.

WOODALL, Justice.

The United States District Court for the Northern District of Alabama, Middle Division, has certified to this Court the following question:

"Under Alabama law does the failure of an insured to give prior notice to his or her insurer of a proposed settlement and release of an alleged tortfeasor cause the insured to forfeit underinsured motorist coverage regardless of the insured's actual knowledge...

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