Legal Opinion · Concurrence

Alabama Municipal Insurance Corporation v. Willie Allen

Supreme Court of Alabama

Decided September 26, 2014No. 1121006, 1121014, 1121038, and 1121039Published

1ConcurrenceMurdock, Justice

I concur in the main opinion with the exception of its comment regarding the latter of the two issues addressed in this writing. First, I wish simply to reiterate my understanding that the $100,000 cap expressed in § 11-47-190, Ala.Code 1975, would be inapplicable to a claim against Richard Alan Beard in his individual capacity, even if the claim had arisen from acts or omissions by Beard while acting within the line and scope of his employment or, in the language of § 11-47-24, Ala.Code 1975,. “out of the performance of his official duties.” As explained in Morrow v. Caldwell, 153 So.3d 764…

2Cases cited4 opinions

  1. Home Indem. Co. v. AndersSupreme Court of Alabama · 1984
  2. Smith v. SchulteSupreme Court of Alabama · 1995
  3. Garner v. Covington CountySupreme Court of Alabama · 1993
  4. Morrow v. Caldwell ex rel. RussellSupreme Court of Alabama · 2014

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