# Aspinwall v. Gowens

> Supreme Court of Alabama · May 1, 1981 · 405 So. 2d 134

URL: https://www.frixlaw.com/law-library/cases/9935931

## Case

- **Full name:** F.A. Aspinwall, Old Southern Life Insurance Co., a Corporation, F.G. Compton, Roy T. Epperson v. Mattie Gowens.
- **Court:** Supreme Court of Alabama
- **Decided:** May 1, 1981
- **Citations:** 405 So. 2d 134
- **Precedential status:** Published
- **Opinion:** Concurrence by Embry
- **Judges:** Adams, Embry, Torbert
- **Cited by:** 114 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/9935931

## Opinion text

In order to explain that there is no inconsistency between concurring with the majority in this case and dissenting in Chavers [v. National Security Fire Cas. Ins. Co. , 405 So.2d 1 ], I would note that the facts in this case are greatly more probative of the tort of bad faith than are those in Chavers. I would also note that, although the trial court made no express determination as a matter of law that the facts in this case justified submitting to the jury the question of whether those facts satisfied the standards of recovery set forth in Chavers , and in this writer's dissent in Vincent v. Blue Cross-Blue Shield of Alabama, Inc. , 373 So.2d 1054 (Ala. 1979), such determination was implicit in the trial court's submission of the case to the jury under proper instructions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935931. Public record. Not legal advice.