Opinion

Ex Parte Dyess

  • 709 So. 2d 447
  • 1997 WL 660286
Court
Supreme Court of Alabama
Filed
Oct 24, 1997
Status
Published
Author
Butts
On the bench
Butts, Cook, Hooper
Cited by
79 cases
Authority
More cited than 15.1%

noting that an insured 13 who did not sign the policy and is seeking UM benefits “is a third-party beneficiary of the policy” and cannot “pick and choose the portions of the contract that he wants to apply”

How later courts described this case

  • noting that an insured 13 who did not sign the policy and is seeking UM benefits “is a third-party beneficiary of the policy” and cannot “pick and choose the portions of the contract that he wants to apply”
  • stating that a party who seeks the benefits of a contract is bound by all provisions of the contract, not just those he chooses to enforce
  • stating, in a plurality decision, that as a general rule a person cannot merely pick and choose among applicable contract provisions
  • noting that an insured who did not sign the policy and is seeking UM benefits “is a third-party beneficiary of the policy” and cannot “pick and choose the portions of the contract that he wants to apply”

Written by the judges who cited it.

The opinion

I respectfully dissent. I would hold that American Hardware's protracted and unexplained delay in seeking arbitration of the Dyesses' claims constituted a waiver of its right to compel arbitration. See Ex parte Smith , 706 So.2d 704 (Ala. 1997).

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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