Carter v. Liberty Nat. Life Ins. Co.

On March 19, 2001, Sarah Carter, as the administrator of the estate of City Carter, and James A. Carter filed a complaint against Liberty National Life Insurance Company ("Liberty National"). In that complaint, the plaintiffs asserted claims of fraud. On Liberty National's motion, the trial court dismissed the complaint, because in it, the plaintiffs had failed to plead the alleged fraud with sufficient specificity, as required by Rule 9(b), Ala.R.Civ.P. On July 16, 2001, the plaintiffs filed an amended complaint that contained essentially the same allegations as those set forth in the…