CNA Ins. Companies v. Johnson Galleries

I concur in the opinion except as to that portion holding that attorney fees are not recoverable under the common fund doctrine; as to that portion, I dissent. In my judgment, the result as to this issue is controlled by Commercial Union Ins.Co. v. Blue Cross Blue Shield of Alabama, 540 So.2d 1368 (Ala. 1989). The following facts as set forth in CommercialUnion illustrate its similarities with this case:

"Noah D. Faggard and his wife, Roberta Faggard, were insured by Blue Cross for health care services. On November 1, 1983, Roberta was involved in an automobile accident with a vehicle owned…