Casey v. Travelers Ins. Co.
Casey v. Travelers Ins. Co.
Opinion
J.W. Casey filed suit against Travelers Insurance Company for breach of contract and for violations of Ala. Code 1975, §
Between 1974 and 1982 J.W. Casey entered into seven loan agreements with Travelers, a foreign corporation qualified to do business in Alabama. All seven loans were secured by timber property located in Butler, Crenshaw, Lowndes, Montgomery, Elmore, Coosa, and Macon Counties; in addition, one of them was also secured by Casey's farm and homestead. The amounts borrowed by Casey ranged from $125,000 to $2.3 million.
The issue on appeal is whether the circuit court properly granted summary judgment on the statutory counts, impliedly finding that the Alabama Mini-Code, the Federal Truth-in-Lending Act, and Regulation Z do not apply.
The standard of review was well stated in Williams v.Prudential Insurance Co.,
The first question to be decided by this Court is whether the trial court was correct in concluding that the licensing requirements of the Mini-Code do not apply. Section
"None of the provisions of this chapter, except the provisions of subdivision (1) of section
5-19-1 and section5-19-3 , shall apply to any loan, forbearance or credit sale involving an interest in real property or the sale, lease or mortgage of an interest in real property, where the creditor is a lending institution which is . . . exempt from licensing under this chapter."
Section
Although it is undisputed that Travelers is a life insurance company, Casey contends that because Travelers writes other forms of insurance as well, §
In Edwards, Farm Bureau, which is a casualty insurance company, granted installment credit to an uninsured motorist who was involved in an accident with a motorist insured by Farm Bureau. The installment note in that case was for a principal amount of $2,544, in addition to a finance charge of $1,424. The Court of Civil Appeals held that because Farm Bureau, as a casualty insurance company, was not exempt from licensing and because the loan constituted consumer credit, the loan agreement violated the licensing requirements of the Mini-Code. The loan was therefore void and the underlying obligation was unenforceable. See Derico v. Duncan,
This Court finds Edwards and the line of reasoning encompassed therein inapplicable to the case at bar. Casey argues that because Travelers is both a casualty insurance company and a life insurance company, it should not be allowed exemption from licensing under Ala. Code 1975, §
Because Travelers is exempt from licensing, only §§
"(a) The maximum finance charge for any loan or forbearance and for any credit sale, except under open-end credit plans, may equal but may not exceed. . . .
". . .
"(3) Eight dollars per $100.00 per year for that portion of the original principal amount of the loan or original amount financed exceeding $2,000.00"
That section must be read, however, in conjunction with §
Section
"(a) Any person or persons . . . may agree to pay such rate or rates of interest for the loan or forbearance of money and for any credit sales as such person . . . may determine, notwithstanding any law of this state otherwise prescribing or limiting such rate or rates of interest; provided, that the original principal balance of the loan or forbearance of money or credit sales is not less than $2,000.00; provided further, that all laws relating to unconscionability in consumer transactions including but not limited to the provisions of chapter 19 of Title 5, known as the Mini-Code, shall apply to transactions covered by this section.
"(b) As to any such loan or forbearance of money or credit sales made in compliance with subsection (a) of this section, neither such person [or] corporation . . . which may become liable, in whole or in part, for the payment of the debt and interest agreed to be paid thereon in accordance with the terms hereof, or any extension, amendment or renewal thereof, may raise or claim the defense or benefit of the usury laws or any other law prescribing, regulating or limiting such rate or rates of interest."
(Emphasis added.) Although §
Casey's next contention is that exclusion of Travelers from the licensing provisions *Page 849
of the Mini-Code is a denial of the equal protection guaranteed by the fourteenth amendment. We conclude, however, that Casey has no standing to raise this issue. As the Court said of standing in Fletcher v. Tuscaloosa Federal Savings LoanAss'n,
For the foregoing reasons, the judgment is due to be, and it is hereby, affirmed.
AFFIRMED.
TORBERT, C.J., and MADDOX, SHORES, BEATTY, ADAMS and HOUSTON, JJ., concur.
Reference
- Full Case Name
- J.W. Casey v. Travelers Insurance Company.
- Cited By
- 7 cases
- Status
- Published