Willie M. Rose and Robert W. Rose Sr. v. Safeway Insurance Company of Alabama, Inc.
Annotate this Case
Download PDF
REL: 06/12/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF C I V I L APPEALS OCTOBER TERM, 2008 - 2009 2070625 W i l l i e M. Rose and Robert W. Rose Sr V. Safeway Insurance Company of Alabama, Inc. Appeal from Montgomery Circuit Court (CV-05-2456) PITTMAN, Judge. AFFIRMED. NO OPINION. See Rule 53(a) (1) and (a) (2) (E), Ala. R. App. P.; Kendall V. United States Auto. Ass'n, [Ms. 1061472, May 15, 2009] 2070625 So. 3d , (Ala. 2009); and State Farm Mut. Auto. Ins. Co. V. Causey, 509 F. Supp. 2d 1026, 1029-30 (M.D. Ala. 2007) . This appeal was transferred to this court by the Alabama Supreme Court pursuant to Ala. Code 1975, § 12-2-7(6). Bryan, Thomas, and Moore, JJ., concur. Thompson, P.J., concurs specially. 2070625 THOMPSON, Presiding Judge, concurring specially. The relevant facts in this case are identical to those in Kendall v. United States Automobile Ass'n, [Ms. 1061472, May 15, 2009] So. 3d (Ala. 2009), in which our supreme court held that, when a driver is injured in an accident in which a government entity is at fault, a driver's underinsured-motorist insurance carrier is not obligated to pay any amount of damages over the statutory maximum for which a government entity is legally liable, § 11-93-2, Ala. Code 1975, even though the evidence is undisputed that the damages incurred by the driver exceeded that statutory maximum. Because the relevant facts are identical, I agree that Kendall is dispositive of this case. However, I also agree with Chief Justice Cobb's special concurrence in Kendall. It is the job of the Alabama Legislature, not of the appellate courts, to revisit the uninsured/underinsured motorists statute, § 32-723, Ala. Code 1975, to clarify whether it intended outcomes such as the one in the present case.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
