Joyce Berry v. United of Omaha

Joyce Berry, the plaintiff in the trial court, appeals to this court from the order of the district court granting summary judgment in favor of United of Omaha Insurance Company. The question presented in this appeal is whether an Alabama plaintiff can maintain an action against an insurance company for bad faith refusal to pay a claim when the insurance company first refuses to pay the claim but then relents and pays prior to the commencement of the suit. The district judge held that the plaintiff could not bring such an action. We disagree.

Joyce Berry underwent oral surgery in late June,…