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861 So. 2d 400

Healy v. Medlock

Supreme Court of Alabama

Decided April 25, 2003

Supreme Court of Alabama · decided 2003-04-25

Cited by 8 later decisions — most recently March 2018

7 state decisions

Relies on State Farm Fire and Casualty Company v. Lambert · 51 Ala. App. 426 - State Farm Mutual Automobile Ins. Co., Inc. v. Griffin

Good law ✅— No negative treatment on recordhow we know

Decided 2003-04-25

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MOORE, Chief Justice.

¶1The petition for the writ of certiorari is denied. In denying the Healys’ petition, this Court does not wish to be understood as approving or disapproving the holding by the Court of Civil Appeals to the effect that the Healys’ “procedural default” in pursuing their claim against the estate of the underinsured motorist “prevented the Healys’ recovery” against the underin-sured-motorist insurance carrier itself. See State Farm Fire & Cas. Co. v. Griffin, 51 Ala.App. 426, 286 So.2d 302 (1973); and State Farm Fire & Cas. Co. v. Lambert, 291 Ala. 645, 285 So.2d 917 (1973). In petitioning this Court, the Healys did not seek review of the holding in favor of the underinsured-motorist insurance carrier.

¶2WRIT DENIED.

HOUSTON, SEE, LYONS, HARWOOD, WOODALL, and STUART, JJ., concur.JOHNSTONE, J., concurs specially.
JOHNSTONE, Justice

¶3(concurring specially).

¶4While I concur, I would prefer that our denial indicate more skepticism about the specified holding by the Court of Civil Appeals.

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