# North River Insurance Co. v. Overton

> Supreme Court of Alabama · June 11, 2010 · 59 So. 3d 1

URL: https://www.frixlaw.com/law-library/cases/4863923

## Case

- **Full name:** The NORTH RIVER INSURANCE COMPANY v. Allen M. OVERTON and Cindy Waldrop
- **Court:** Supreme Court of Alabama
- **Decided:** June 11, 2010
- **Citations:** 59 So. 3d 1; 2010 Ala. LEXIS 98; 2010 WL 2342415
- **Precedential status:** Published
- **Opinion:** Concurrence by Woodall
- **Judges:** Bolin, Cobb, Lyons, Murdock, Parker, Shaw, Smith, Stuart, Woodall
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4863923

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4863923. Public record. Not legal advice.