Atlanta Casualty Co. v. Russell

Atlanta Casualty Company and American Premier Insurance Company ("American Premier") have appealed from a Rule 23(b)(2), Ala.R.Civ.P., certification of a plaintiff's class in which John K. Russell and Jennifer L. Russell have been named class representatives. The issue presented is whether the trial court abused its discretion by ordering certification when the class representatives have requested a declaratory judgment on an insurance contract that materially differs from the contracts imputed to members of the class defined by the trial court. We hold that the trial court abused its…