Opinion

North River Insurance Co. v. Overton

  • 59 So. 3d 1
  • 2010 Ala. LEXIS 98
  • 2010 WL 2342415
Court
Supreme Court of Alabama
Filed
Jun 11, 2010
Status
Published
Author
Woodall
On the bench
Bolin, Cobb, Lyons, Murdock, Parker, Shaw, Smith, Stuart, Woodall
Cited by
6 cases
Authority
More cited than 17.8%

The opinion

WOODALL, Justice

(concurring in the result).

I concur in the result. I agree with Justice Shaw that the issue of apparent authority should be addressed on remand. In' addition to the authorities cited by Justice Shaw, the trial court should also consider whether, because North River “enjoyed the ease of [issuing a policy] without [revealing its address], under circumstances in which no reasonable [insurer] could consider [notice to it] possible without the intervention of an agent to act on [North River’s] ' behalf, [North River] thereby passively permitted [Blythe] to appear ... to have the authority to act on [its] behalf, and [Blythe’s] apparent authority is, therefore, implied.” Tennessee Health Mqmt., Inc. v. Johnson, 49 So.3d 175, 180 (Ala.2010).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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