UIM - Insurer's Right to Jury Trial After Opting Out


Ex parte Allstate Property and Cas. Co., [Ms. 1180871, Jan. 31, 2020] __ So. 3d __ (Ala. 2020). The Court (Sellers, J.; Bolin, Wise, Mendheim, Stewart, and Mitchell, JJ., concur; Parker, C.J., and Shaw and Bryan, JJ., dissent) issues a writ of mandamus directing the Macon Circuit Court to grant Allstate’s request for a jury trial in an action involving an underinsured motorist claim. The Court holds there is “a strong policy preserving the right to have a jury determine the extent of a party’s liability. Ala. Const. 1901, Art. I, § 11; Rule 38, Ala. R. Civ. P. Accordingly, ... Allstate can insist that a jury determine liability and damages, and, at the same time, keep its involvement from the jury pursuant to the opt-out procedure adopted in Lowe.” Ms. *6.

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