Alabama Insurance Guaranty Ass'n v. Reliance Insurance Co. in Liquidation

DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent. The Alabama Supreme Court held that a claim of the Alabama Association of General Contractors Self-Insurer’s Fund was covered by the Alabama Insurance Guaranty Association (Guaranty Association) under an insurance policy issued by Reliance Insurance Company (In Liquidation) to a group of self-insured plans. Now the Guaranty Association seeks recovery from the Reliance estate on this covered claim payment *711and asserts that it should be given the same priority assigned to every other state guaranty association under Section 544 of…