Downey v. Travelers Property Casualty Insurance Co.

WOODALL, Justice.

The United States District Court for the Northern District of Alabama, Middle Division, has certified to this Court the following question:

“Under Alabama law does the failure of an insured to give prior notice to his *954or her insurer of a proposed settlement and release of an alleged tortfeasor cause the insured to forfeit underinsured motorist coverage regardless of the insured’s actual knowledge of said coverage and regardless of prejudice to the insurer if the insured has possession of the policy which provides the coverage?”

We answer this question in the affirmative.

I.…