Alabama Boat Dealer Wins Reinstatement of Suit Seeking $75,300 in Unearned Premiums
The Alabama Supreme Court has reversed a lower court's dismissal and ordered that Gulf Shores Power Sports, a boat dealership in Gulf Shores, Baldwin County, Alabama, may continue its lawsuit against McCarron Insurance Group, an independent agency in Orange Beach. The opinion was issued on October 23 and reported on November 2.
The dealer alleges the agency retained at least $75,300 in unearned premiums after its policies were canceled. The dealer had paid McCarron $196,463 for inland marine coverage obtained through wholesale broker Maritime Program Group; after it canceled the commercial policies in 2023, the broker refunded $15,114, which McCarron deposited with the court through an interpleader action.
The trial court dismissed the suit on the basis of the interpleader, but the Supreme Court held that the interpleader did not resolve the dealer's independent claims of negligence, wantonness, recklessness and fraud. Writing for the court, Justice Greg Shaw said the circuit court erred in dismissing McCarron and disposing of the independent liability claims.
The Supreme Court issued a writ of mandamus directing the circuit court to rescind the dismissal and reinstate the suit, which will now proceed.
(Source: Insurance Journal)
Source: Insurance Journal
Published by GSM · USA (original Chinese edition)
Photo: 图：位于蒙哥马利的阿拉巴马州最高法院大楼。Michael Barera 摄，CC BY-SA 4.0，经 Wikimedia Commons。 / Photo: The Alabama Supreme Court building in Montgomery. By Michael Barera, CC BY-SA 4.0, via Wikimedia Commons.
