# Garrett v. Auto-Owners Ins. Co.

> Court of Civil Appeals of Alabama · January 17, 1997 · 689 So. 2d 179

URL: https://www.frixlaw.com/law-library/cases/9936382

## Case

- **Full name:** Phyllis Garrett D/B/A Garrett Truck Services, Inc. v. Auto-Owners Insurance Company.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** January 17, 1997
- **Citations:** 689 So. 2d 179; 1997 WL 15285
- **Precedential status:** Published
- **Opinion:** Dissent by Monroe
- **Judges:** Monroe, 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/9936382

## Opinion text

I disagree with the majority's ruling as to the plaintiffs breach of contract claim.
The majority discusses at length the case of United States Fidelity Guaranty Co. v. Bonitz , 424 So.2d 569 (Ala. 1982), in which our Supreme Court held that, in accordance with policy language similar to that in the policy at issue, the insurer was liable for damage to ceilings, walls, furnishings, etc., caused by the faulty roof repair, although the insurer would not be liable for damage to the roof itself. It follows that, in this case, the insurer is liable for damage to the transmission, which occurred during the process of repairing the clutch, although the insurer would not be liable for damage to the clutch itself.
There appears to be no Alabama case construing the instant policy language in a garage liability policy. However, a Texas appellate court construed identical language in this type of policy and determined that the insurer was liable for damage to the car's engine that was caused by the mechanic's valve repair, even though the insurer was not liable for the damage to the valve itself. Travelers Ins. Co. v. Volentine , 578 S.W.2d 501 (Tex.Civ.App. 1979).
Because I would follow the reasoning of our Supreme Court in Bonitz, supra , and the reasoning of the Texas appellate court in Volentine, supra , I must respectfully dissent from the majority's opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936382. Public record. Not legal advice.