Commercial Standard Insurance v. Potete
Commercial Standard Insurance v. Potete
Opinion of the Court
We granted certiorari because this is a case of first impression in this Court. The Court of Civil Appeals correctly held in Insurance Company of North America v. Thomas, 337 So.2d 365 (Ala.Civ.App. 1976), that all motor vehicle liability insurance policies issued in this state would be construed as providing minimum uninsured motorist coverage mandated by § 32-7-23, Code 1975, unless a written agreement rejecting such coverage on the part of the named insured was shown.
The trial court in this case construed the policy to provide such coverage. There was no written rejection offered in evidence. The question, then, is whether the trial court was justified in finding that
The Court of Civil Appeals, 409 So.2d 426, reversed the trial court’s judgment. Because the issue before the Court of Civil Appeals was purely a factual one and because there was evidence to support its finding, we reverse the judgment of the Court of Civil Appeals.
REVERSED AND REMANDED.
Reference
- Full Case Name
- Ex Parte James E. Potete and Bessie M. Potete. (In Re Commercial Standard Insurance Company v. James E. Potete and Bessie M. Potete).
- Cited By
- 5 cases
- Status
- Published