Alabama Insurance Guaranty Association v. Association of General Contractors Self-Insurer’s Fund; Alabama Insurance…

Summary

The court affirmed a judgment requiring the Alabama Insurance Guaranty Association to pay the Association of General Contractors Self-Insurer’s Fund’s claim arising from an insolvent insurer’s policy. It held that the self-insured employer group and its reinsurance trust were not insurers under the Alabama Insurance Guaranty Act, that the policy was direct insurance rather than reinsurance for purposes of that Act, and that the claimant satisfied any obligation to seek recovery first from the Florida guaranty association. Justice Lyons, concurring in part and in the result, agreed with the judgment but would have resolved the exhaustion issue through waiver and preservation principles.