Legal Opinion
Allstate Insurance Company v. Fogg
Supreme Court of Alabama
Decided September 19, 1974No. SC 419PublishedCited by 5 opinions
1Opinion of the Court
MADDOX, Justice.
Allstate Insurance Company appeals from a declaratory judgment which requires it to defend its insured, Hobart E. Fogg, d/b/a Fogg Construction Company, in wrongful death actions filed against him.
Allstate claims Fogg failed to notify it about the occurrence until over eight months after it happened and this was not “as soon as practicable.”
The facts are not seriously disputed. Many facts were stipulated.
Fogg had participated with others in the renovation of a dwelling house wherein three persons later died from asphyxiation on November 28, 1971.
Fogg’s contract was with FHA…
2Cases cited4 opinions
- American Liberty Insurance Company v. SoulesSupreme Court of Alabama · 1972
- Pan American Fire & Casualty Co. v. DeKalb-Cherokee Counties Gas DistrictSupreme Court of Alabama · 1972
- Stonewall Insurance Company v. LoweSupreme Court of Alabama · 1973
- Royal Indemnity Co. v. Metzger Brothers, Inc.Supreme Court of Alabama · 1974
3Cited by5 opinions
- Cherokee Ins. Co. v. FrazierSupreme Court of Alabama · 1981
- Bobby S. Brown v. State Farm Mutual Automobile Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1975
- State Farm Fire & Cas. Co. v. Hartford Acc. & Indem. Co.Supreme Court of Alabama · 1977
- Truck Insurance Exchange v. St. Paul Fire & Marine InsuranceDistrict Court, E.D. Pennsylvania · 1976
- A. B. v. David Jacobs BarrowCourt of Appeals for the Eleventh Circuit · 2026