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EX PARTE SAFEWAY INS. CO. OF ALABAMA, INC.

1120439.

148 So.3d 39 (2013)

Ex parte SAFEWAY INSURANCE COMPANY OF ALABAMA, INC. (In re Richard Thomas Kimbrough v. Safeway Insurance Company of Alabama, Inc.).

Supreme Court of Alabama.

As Modified on Denial of Rehearing December 13, 2013.

Attorney(s) appearing for the Case

Robert R. Kracke and Clifton S. Price II of Kracke & Price, Leeds, for petitioner.

Brief in support of the petitioner's application for rehearing filed by Joseph L. Cowan II , Mark J. Hart , and John E. Rollins of Hand Arendall, LLC, Birmingham, for petitioner.

J. Barton Warren of Warren & Simpson, P.C., Huntsville, for respondent.

De Martenson , Walter J. Price III , and David M. Fleming of Huie , Fernambucq & Stewart, LLP, Birmingham, for amicus curiae Allstate Insurance Company, in support of the petitioner's application for rehearing.

MOORE, Chief Justice.

Safeway Insurance Company of Alabama, Inc. ("Safeway"), petitions this Court for a writ of mandamus directing the Jackson Circuit Court to grant Safeway's Rule 12(b)(1), Ala. R. Civ. P., motion to dismiss a bad-faith claim against it for lack of subject-matter jurisdiction. For reasons explained below, we deny the petition.

I. Facts and Procedural History

Richard Thomas Kimbrough alleges that, on November 19, 2011, a...

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