State Farm Fire & Casualty Co. v. Brechbill

I. Introduction

This case exemplifies some of the confusion the tort of bad faith has created over the last 30 years for Alabama trial courts, for appellate courts, and for attorneys in general.

In Lavoie v. Aetna Life & Casualty Co., 374 So.2d 310, 312 (Ala.1979) (“Lavoie /”), this Court stated that it would “not foreclose the possibility of recovery in tort for the bad faith refusal of an insurer to pay legitimate benefits,” citing Vincent v. Blue Cross-Blue Shield of Alabama, Inc., 373 So.2d 1054 (1979), and Childs v. Mississippi Valley Title Insurance Co., 359 So.2d 1146 (1978).

However, it…