Supreme Court of Alabama
Alabama Insurance Guaranty Association v. Association of General Contractors Self-Insurer’s Fund; Alabama Insurance…
November 24, 20102010 Ala. LEXIS 222
Summary
The Alabama Supreme Court affirmed the trial court’s summary‑judgment that the Association of General Contractors Self‑Insurer’s Fund (AGCSF) may recover from the Alabama Insurance Guaranty Association (AIGA) under the Reliance policy. The Court held that the Reliance policy is direct insurance, not reinsurance, and that neither the AGCSF nor the Reinsurance Trust Fund are “insurers” within the Guaranty Act. It also concluded that the AGCSF satisfied the exhaustion‑of‑remedies requirement of § 27‑42‑12(b). Justice Lyons filed a concurring opinion agreeing with the result.