Subrogation Recoverable for Payment for Loss of Use of Irreparable Private Vehicle

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Ex parte Alfa Mutual Insurance Company, [Ms. SC-2024-0736, Apr. 25, 2025] __ So. 3d __ (Ala. 2025). On certiorari review, the Court (Mitchell, J.; Stewart, C.J., and Shaw, Wise, Bryan, Sellers, Mendheim, and McCool, JJ., concur; Cook, J., recuses) reverses the Court of Civil Appeals decision denying Alfa’s subrogation claim for payments it made for loss-of-use of a personal vehicle deemed a total loss.

The Court of Civil Appeals was bound to deny Alfa’s subrogation claim by Hunt v. Ward, 79 So. 2d 20 (Ala. 1955), which held damages are not recoverable for loss of use of a personal vehicle rendered a total loss. In a special concurrence, all sitting members of the court urged the Supreme Court to modify its precedent governing loss-of-use in these circumstances. Ms. *3.

The Court overrules Hunt and holds reasonable loss-of-use damages are recoverable “during the time reasonably required to procure a suitable replacement vehicle ....” Ms. *6.

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