Mutual Savings Life Insurance v. Smith

The circuit court granted the plaintiff Alsie Smith a new trial on her claims against the defendant Mutual Savings Life Insurance Company. Mutual Savings appealed. The Court of Civil Appeals, on remand following a procedural review by this Court, affirmed the new-trial order. Smith v. Mutual Sav. Life Ins. Co., 765 So.2d 652 (Ala.Civ.App.1998) (on remand). Mutual Savings sought certiorari review. I dissent from today’s order quashing the writ. I agree with the dissent written by Judge Thompson.

Alsie Smith purchased two cancer insurance policies in 1981 from Mutual Savings, for the benefit of…