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

2100184.

118 So.3d 693 (2011)

Tracy MITCHELL v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Court of Civil Appeals of Alabama.

October 7, 2011.


Attorney(s) appearing for the Case

Thomas W. McCutcheon of McCutcheon & Hamner, P.C., Florence, for appellant.

A. David Fawal and Sean T. Mims of Beers, Anderson, Jackson, Patty & Fawal, P.C., Birmingham, for appellee.


PITTMAN, Judge.

This appeal presents a question regarding the proper application of the "common-fund" exception to the so-called "American rule," which generally bars awards of attorney fees to prevailing parties, in the context of a dispute between an injured insured party and a subrogated insurance carrier over whether the carrier is responsible for a pro rata share of the insured's attorney fees incurred in the process of obtaining a settlement payment against...

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