News
-
Kathy Davis, Carr Allison shareholder and chair of the Construction Law practice group, will participate as a panelist in a DRI webcast hosted by Carr Allison. The webcast is designed to educate parties on the latest developments of Green Building Construction Litigation. Scheduled for January 12, 2010, Davis will address litigation over failure to achieve green-building certification, the legal theories argued by litigating parties, and a review of recent litigation across the country. She is a member of DRI's Construction Law Committee and the Chair of its Construction Defects Specialized Litigation Group. For the full article, including details on how to register, please follow the link.
http://www.dri.org/open/event_brochures/DRI3251.pdf -
Nov 21
2009On November 3, 2009, the United States Supreme Court admitted Carr Allison's Lea Richmondand eight other DRI Young Lawyers into the Court's bar. In addition to Richmond, the admittees included Anna Sumner (Alston & Byrd), Cara Edwards (DLA Piper), Gregory Rich (Lambdin & Chaney), Lynn Darty (Christian & Small), Andrew Cole (Collins & Lacy), Melissa Tannery(Troutman Sanders), Joseph Hanna (Goldberg Segalla) and Rebecca Herbig (Bowman and Brooke). After the nine were sworn-in by the Clerk of the Court, the Honorable William Suter, they had the privilege to watch oral argument in the United States Supreme Court. For a first hand account of Mr. Richmond's experience, please see his article in DRI's The Voice, Volume 8, Issue 46.
The Young Lawyers Committee is the largest committee within DRI. Membership is open to all defense lawyers who have been practicing law for ten years or less. The committee provides young lawyers opportunities to network throughout the country and refine their work professionally.
-
Nov 20
2009In the decision of Progressive Specialty Insurance Company v. Kye, released 10/30/09, the Court of Civil Appeals held that the insured did not violate the terms of the insurance policy by failing to notify the insurer of the terms of a settlement and was entitled to receive under-insured motorist benefits based on the full amount of the policy limits without regard to any setoff for other claims paid.
The court focused on Lambert v. State Farm, 576 So. 2d 160 (Ala. 1991) which sets forth the procedure to be utilized when an insured attempts to settle a claim against an under-insured tort feasor when a UIM claim is likely to be made. Under those guidelines, the insured must inform the carrier of the proposed settlement and the terms of any proposed Release. Here, Progressive consented to the settlement and now contends it would not have consented had it known the settlement proceeds were going to be "inequitably" divided. Since Lambert does not provide a method by which consent can be withdrawn, Progressive's appeal failed. They also argue that they were entitled to a "setoff" against the actual damages, the $25,000.00 per person limit of the policy. The court refused to follow this reasoning.
-
Congratulations to Charles Carr and Tom Oliver for their inclusion in the Alabama Law Foundation’s Fellow Program. This honor acknowledges the significant contribution Mr. Carr and Mr. Oliver have made to their profession and their community throughout their careers. Election as a fellow is limited to one percent of bar members.