Tenneco Oil Co. v. Clevenger

I must respectfully dissent from the decision of the majority in this case. The effect of the decision as I understand it, is to create a new common-law cause of action. The statute, §35-10-30 (a), Code of Alabama (1975), specifically states that it gives a personal right of action to the person entitled to make the request for satisfaction under the provisions of §§35-10-27, 29. This right of action was unknown to the common law, Morrill v. Title Guaranty Surety Co. et al., 94 Wn. 258,163 P. 733 (1917), for there was no such duty at common law. The Alabama courts in applying this statute…