Baldwin Mutual Insurance Co. v. McCain

STUART, Justice.

Baldwin Mutual Insurance Company (“Baldwin Mutual”) appeals the order of the Montgomery Circuit Court certifying the action filed against it by Gloria Mitchell McCain as a class action under Rule 23, Ala. R. Civ. P., and § 6-5-641, Ala.Code 1975. We reverse and remand.

I

At all relevant times, McCain' owned a house in Montgomery upon which she held a homeowner’s insurance policy issued by Baldwin Mutual. .That policy provided that any covered property losses would be settled “at actual cash value at the time of loss but not exceeding the amount necessary to repair or replace the…