Ex Parte Fluor Corporation

In footnote 1, the main opinion cites Ex parte Tri-StateMotor Transit Co., 541 So.2d 557 (Ala.Civ.App. 1989), as "implicitly" authorizing the review of the denial of Fluor's motion to dismiss in this case. One of the recognized "narrow exceptions" to the principle that mandamus will not lie from the denial of a Rule 12(b), Ala. R. Civ. P., motion to dismiss is that "[t]he question of subject-matter jurisdiction is reviewable by a petition for a writ of mandamus." Ex parte Liberty Nat'lLife Ins. Co., 888 So.2d 478, 480 (Ala. 2003). A claim seeking an award of benefits under the Alabama…