Gay v. Hubbard

I believe that the trial court correctly weighed the equities in this particular case and properly divided the proceeds of the fire insurance policy accordingly; therefore, I must respectfully dissent.

As the majority correctly states, the law in Alabama is that “whether joint owners should share in insurance monies depends upon the equities of the particular case.” Anderson v. Brooks, 446 So.2d 36, 39 (Ala.1984); see also Independent Fire Ins. Co. v. Hagler, 434 So.2d 277, 279 (Aa.Civ.App.1983).

This case was heard ore tenus, and the trial court’s decision should not be disturbed on appeal…