(251) 299-0101

Ala. Code § 6-3-7(a); Venue

Ex parte Allstate Insurance Co., [Ms. 1180624, Nov. 8, 2019] __ So. 3d __ (Ala. 2019). The Court (Stewart, J.; and Bolin, Shaw, Wise, Bryan, Sellers, Mendheim, and Mitchell, JJ., concur; Parker, C.J., dissents) grants a petition for a writ of mandamus and directs the Perry Circuit Court to vacate an order denying Allstate Insurance Company's motion to transfer venue of a breach of contract and bad faith action brought against it claiming Allstate improperly refused to defend or indemnify its insured in an underlying wrongful-death action. Reviewing the propriety of venue in Perry County under § 6-3-7(a)(1), Ala. Code 1975, the Court determined that "the events or omissions giving rise to the claim" as used in that statute refer to "the wrongful acts or omissions of the corporate defendant," such that venue is proper where the wrongful acts or omissions occur rather than where injuries or damages resulting from those wrongful acts or omissions occur. Ms. **7-8. Because Allstate demonstrated that venue was improper in Perry County, but was proper in Shelby County pursuant to § 6-3-7(a)(1) and (2), or Bibb County under § 6-3-7(a)(3), it was entitled to mandamus relief by way of an order directing the Perry Circuit Court to vacate its order denying the motion for a change of venue.

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