Kimbrough v. Safeway Insurance Company of Alabama, Inc.

Safeway Insurance Company of Alabama, Inc. petitioned the Supreme Court for a writ of mandamus to direct the Circuit Court to grant its Rule 12(b)(1), Ala. R. Civ. P., motion to dismiss a bad-faith claim against it for lack of subject-matter jurisdiction. Richard Kimbrough alleged that a deer ran across the road causing a truck traveling in the opposite direction to swerve into the Kimbrough's lane. According to Kimbrough, the truck struck his vehicle and ran him off the road and into a creek bed. The driver of the truck allegedly fled. Kimbrough broke his right femur, right hand, and nose. Kimbrough sued Safeway, asserting claims of breach of contract and bad faith, alleging that Safeway, without justification, had intentionally refused to pay Kimbrough's claim. Safeway moved to dismiss the case for lack of subject-matter jurisdiction, arguing that the claim for uninsured-motorist benefits was not ripe for adjudication until liability and damages were established. The trial court denied the motion to dismiss, as well as Safeway's subsequent motion to reconsider. Upon careful consideration, the Supreme Court concluded Safeway did not clearly demonstrate this case was not ripe or that the trial court lacked subject-matter jurisdiction. Therefore, Safeway did not have a clear legal right to mandamus relief. View "Kimbrough v. Safeway Insurance Company of Alabama, Inc." on Justia Law