Negligent Procurement of Insurance - Statute of Limitations - Accrual


Beddingfield v. Mullins Insurance Co., et al., [Ms. 1170143, June 15, 2018] __ So. 3d __ (Ala. 2018). ​This unanimous panel decision by Justice Shaw affirms a summary judgment granted by the Madison Circuit Court in favor of Mullins Insurance Company on the plaintiff’s claims for negligent procurement of insurance. The Court held “that a cause of action based on negligent procurement accrues ‘when a loss that would trigger liability under the policy occurs’ and the insurer notifies the insured that it will not honor the claim.” Ms. *17, quoting Bush v. Ford Life Insurance Co., 682 So. 2d 46, 47 (Ala. 1996). The Court also noted the insured’s testimony that shortly after he was sued in the underlying litigation, he learned that he did not have the $500,000 of liability coverage he thought he had, but instead had only $100,000 in coverage. Ms. *19. The Court concluded that the negligent procurement claim was time-barred because it was filed more than three years after the underlying litigation against the insured was instituted. Ms. *19-20.

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