Legal Opinion · Concurrence

Sheehan v. Liberty Mutual Fire Insurance Co.

Supreme Court of Alabama

Decided January 27, 1972No. 6 Div. 888Published

1Concurrence

HEFLIN, Chief Justice (concurring in the result) :

There may be reasons why an uninsured motorist insurer should not be allowed an attorney’s fee when it interpleads the monetary limit of its policy in court. However, such reasons have not been presented to this Court in this case.

I have concurred in the result concerning the proration of the “fund” on the ratio that each claimant’s “special damages” bears to the total of “special damages”. However, under the language o'f this case, this does not set a precedent to be binding on future litigation. The language of the case makes it applicable…

2Cases cited4 opinions

  1. Muscogee Construction Co. v. Peoples Bank & Trust Co.Supreme Court of Alabama · 1970
  2. MacHen v. WilderSupreme Court of Alabama · 1968
  3. Maryland Casualty Co. v. Allstate Insurance Co.Supreme Court of Alabama · 1968
  4. Blue Cross-Blue Shield v. JacksonAlabama Court of Appeals · 1965

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