Alabama Life & Disability Insurance Guaranty Ass'n v. Trentham

This is an appeal by Alabama Life and Disability Insurance Guaranty Association (“ALDIGA”), as the assignee of the original insurer, Hermitage Life and Health Insurance Company (“Hermitage”), from a judgment in favor of the insured, Paul Trentham (“Trentham”), based on a breach of the “payment of benefits” provision of the policy of insurance.1 We affirm the judgment in all particulars except for the amount of damages awarded. Thus, we affirm in part; reverse in part; and remand for further proceedings by the trial court to ascertain the correct amount of recovery, as authorized by the policy.