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Intervening UIM Carrier May Not Subsequently Opt Out

Ex parte Alfa Mutual Insurance Company, [Ms. 1190117, Oct. 30, 2020], ___ So. 3d ___ (Ala. 2020). The Court (Mitchell, J.; Parker, C.J., and Shaw, Wise, Sellers, Mendheim, and Stewart, JJ., concur; Bolin, J., concurs in the result) denies Alfa’s petition for writ of mandamus through which it sought to opt out of litigation against an uninsured motorist in which it had previously intervened. The Court denies the petition and explains:

If the (UIM) insurer has been named as a defendant, the insurer can “either” participate in trial “or” not participate in trial (i.e., opt out). In parallel fashion, if the insurer has not been named as a defendant but is given notice that the suit has been filed, the insurer can “either” intervene “or” stay out of the case. In or out – that is the only choice Lowe gives the insurer under either scenario. ... Lowe [v. Nationwide Insurance Co., 521 So. 2d 1309 (Ala. 1988)]does not provide a nonparty insurer with another election once the insurer chooses to intervene – and Alfa does not convincingly point to any authority that says otherwise.

Ms. **7-8.

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