State Farm Mutual Automobile Insurance Co. v. Pritchard

I agree with the main opinion that, based on Eiland v. Meherin, 854 So.2d 1134 (Ala.Civ.App.2002), and Alston v. State Farm Mutual Automobile Insurance Co., 660 So.2d 1314 (Ma.Civ.App.1995), the *730common-fund doctrine applies to require State Farm Mutual Automobile Insurance Company (“State Farm”) to pay a pro rata share of the attorney fees incurred by James Ross Pritchard, Jr. I note that the confusion regarding whether State Farm has a subrogation right in that portion of the recovery secured by Pritchard’s attorney that represents the advance State Farm provided Pritchard stems from the…