Ex Parte Nationwide Mut. Fire Ins. Co.

I respectfully dissent. This case is starkly distinguishable from “State Farm I ” (Ex parte State Farm Mutual Automobile Insurance Co., 386 So.2d 1133 (Ala.1980)), which disallowed the discovery, and is analogous to “State Farm II ” (Ex parte State Farm Mutual Automobile Insurance Co., 761 So.2d 1000 (Ala.2000)), which required the discovery.

The crucial part of the rationale of State Farm I reads:

“From the nature of the case, a death claim, State Farm’s agent could have reasonably concluded that its insured would be sued. This was not the type of fender-bender case where a settlement with the…