Legal Opinion · Dissent

American Bankers Insurance Co. of Florida v. Tellis

Supreme Court of Alabama

Decided June 26, 2015No. 1131244, 1131245, 1131264, 1131384, and 1131514Published

1Dissent

MOORE, Chief. Justice

(dissenting).

I Respectfully, but' strongly, dissent in these appeals involving predispute arbitration agreements. It is undisputed that the policyholders never signed the provision American Bankers Insurance Company of Florida (“American Bankers”) seeks to enforce. Nevertheless, the main opinion holds that the policyholders ratified the arbitration provision because it-was referenced on the declarations page of the policies and because the policyholders, paid premiums to renew the policies. I cannot agree with that holding for two reasons. First, an application of the…

2Cases cited36 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  4. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  5. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995

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