# Defleron v. Gulf Agency, Inc.

> Court of Civil Appeals of Alabama · October 29, 1999 · 815 So. 2d 548

URL: https://www.frixlaw.com/law-library/cases/9935936

## Case

- **Full name:** Gregory Defleron and Leslie Defleron v. Gulf Agency, Inc.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** October 29, 1999
- **Citations:** 815 So. 2d 548; 1999 Ala. Civ. App. LEXIS 775; 1999 WL 985350
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Crawley, Robertson
- **Cited by:** 3 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/9935936

## Opinion text

I concur with Presiding Judge Robertson's affirmance of the summary judgment entered for Nichols, the insurance broker. I dissent from the reversal of the summary judgment entered for Gulf and Lloyd's on the fraudulent-suppression claim.
The Deflerons presented evidence that neither they nor their mortgagee had *Page 558
received a cancellation notice from Gulf. Gulf presented evidence that it had properly mailed a cancellation notice to the Deflerons. Admittedly, that conflict creates a jury question. However, no matter how a jury were to resolve that conflict, the Deflerons could not prevail on their fraudulent-suppression claim.
If a jury were to believe the Deflerons — that is, if it were to find that the Deflerons did not receive notice of cancellation — then it would follow, as a matter of law, that the insurance policy had not been cancelled and that the coverage was still in force. See 17 Couch on Insurance 2d § 67:177 at 644 (rev. ed. 1983). If, on the other hand, a jury were to believe Gulf — that is, if it were to find that the Deflerons did receive notice of cancellation — then it would follow, as a matter of law, that Gulf had not suppressed anything and that it was not, therefore, liable for fraudulent suppression. The facts alleged by the Deflerons — that their claim was wrongfully denied because Gulf did not send a notice of cancellation — give rise only to a breach-of-contract claim which they did not plead. See generally Raybon v. Allstate Ins. Co. , 589 So.2d 710 (Ala. 1991); Watkins v. Life Ins. Co. of Georgia , 456 So.2d 259 (Ala. 1984). THOMPSON, Judge, concurring in part and dissenting in part.
I find the facts of this case as they related to Lloyd's of London distinguishable from those in Ballard v. Lee , 671 So.2d 1368 (Ala. 1995). I would affirm the judgment of the trial court in its entirety. Therefore, I concur in part and dissent in part.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935936. Public record. Not legal advice.