City of Birmingham v. State Farm Mutual Automobile Insurance

BEATTY, Justice.

This is an appeal from a judgment in favor of the plaintiff, State Farm Mutual Automobile Insurance Company, Inc. (State Farm), in its declaratory judgment action against the City of Birmingham (Birmingham) and the latter’s counterclaim. We affirm.

The action grew out of Birmingham’s interpretation and application of Code of 1975, § 11-51-120 to State Farm and its refusal to apply, instead, the provisions of § 11-51-121. Those taxation statutes allow a municipal corporation to impose a privilege tax under this pertinent language:

§ 11-51-120. Insurance companies — Fire and…