Oliver v. Liberty Mut. Ins. Co.
Oliver v. Liberty Mut. Ins. Co.
Opinion
Wilbur Oliver brought an action against Liberty Mutual Insurance Company, alleging *Page 1026 the tort of outrageous conduct. After a workplace injury on October 28, 1986, Oliver paid his medical bills of $11.00 and $89.60. Liberty Mutual, his employer's workmen's compensation insurance carrier, reimbursed him promptly for the $11.00 expenditure, but allegedly did not reimburse the $89.60 before Oliver filed this action on October 16, 1987. Liberty Mutual's evidence indicated that it did promptly send a check for the $89.60 claim but that that check was never cashed. The claim was filed in late December 1986 or early January 1987. Oliver asserts that he inquired by telephone about the $89.60 claim, but he does not recall to whom he spoke. His only written inquiry was made by his attorney and was dated September 3, 1987.
This Court has held that a claim for bad faith failure to pay an insurance claim in the context of workmen's compensation claims is barred by the workmen's compensation exclusivity provisions, but that a claim based on the tort of outrage is not barred. Nabors v. St. Paul Ins. Co.,
AFFIRMED.
HORNSBY, C.J., and MADDOX, ADAMS and STEAGALL, JJ., concur.
Reference
- Full Case Name
- Wilbur Oliver v. Liberty Mutual Insurance Company.
- Cited By
- 7 cases
- Status
- Published