Alabama Courthouse Workers Smelled a Rat. Court Must Decide if Insurer Defends Suit
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Rats, leaks, faulty A/C... and now an insurance coverage fight before Alabama’s highest court.
Thirty-two courthouse workers in Greene County, Alabama, sued county commissioners, alleging years of unsafe conditions left them sick or injured.
Now, the Alabama Supreme Court has ruled that a lower court must determine whether the county’s liability insurance fund has a duty to defend the commission, without waiting for the underlying lawsuit to be resolved.
The decision highlights an important distinction in insurance litigation: the duty to defend can be decided separately from whether an insurer ultimately has a duty to pay damages.