Mitchell v. State Farm Fire & Casualty Co.

HOUSTON, Justice.

The plaintiff, Myron Mitchell, appeals from a summary judgment for the defendant, State Farm Fire and Casualty Company (“State Farm”), in this third-party action to recover damages based on allegations of breach of contract, bad faith refusal to pay an insurance claim, and fraud. We affirm.

Our standard for reviewing summary judgments has been stated many times. The judgment in this case was proper if there was no genuine issue of material fact and State Farm was entitled to a judgment as a matter of law. Rule 56, Ala.R.Civ.P. The burden was on State Farm to make a prima facie…