Auto-Owners Ins. Co. v. Holland

I concur in the result because I believe Auto-Owners was entitled to a JML at the close of Holland's evidence. The holding in State Farm MutualAutomobile Insurance v. Carlton, [Ms. 2991014, May 11, 2001] ___ So.2d ___ (Ala.Civ.App. 2001), however, does not apply to this case. InCarlton, the injured employee sought uninsured motorist ("UM") benefitsfrom his own automobile insurer. As this court explained in footnote 2 of the Carlton opinion, when an employee injured in his employer's vehicle seeks UM benefits from his employer's automobileinsurer,

"such a claim would probably be denied on…