Calvert v. CASUALTY RECIPROCAL EXCH. INS.
Supreme Court of Alabama
1Dissent
The evidence that Reynolds mailed the application, properly addressed, to CRE creates a presumption that CRE received it.Great Southwest Fire Ins. Co. v. Mobil Equipment Co. II,Inc., 473 So.2d 1049 (Ala. 1985); Starr v. DoctorsHospital, 426 So.2d 826 (Ala. 1983); Currie v. GreatCentral Ins. Co., 374 So.2d 1330 (Ala. 1979); Harrellv. Alabama Farm Bureau Mut. Cas. Inc. Co., 287 Ala. 259,251 So.2d 220 (1971). CRE can rebut that presumption, but the question is one of fact. If the jury finds that CRE did in fact receive the application, and, for example, fraudulently denied having received it,…
2Cases cited4 opinions
- Currie v. Great Central Ins. Co.Supreme Court of Alabama · 1979
- Harrell v. Alabama Farm Bureau Mutual Casualty InsuranceSupreme Court of Alabama · 1971
- Starr v. Doctors Hosp.Supreme Court of Alabama · 1983
- Great Southwest Fire Insurance v. Mobil Equipment Co.Supreme Court of Alabama · 1985