Supreme Court of Alabama

Ex Parte Gilbert Lee Littrell. (in Re Gilbert Lee Littrell v. Doris Thrasher

April 1, 20112011 Ala. LEXIS 123

Summary

The Alabama Supreme Court granted Littrell’s petition for a writ of mandamus, vacating the trial court’s order that allowed RLI’s counsel to appear for defendant Thrasher, and held that RLI must be bound by its earlier opt‑out under Lowe. The Court distinguished the uninsured‑motorist cases Driver and State Farm as inapplicable, and applied Ex parte Edgar to limit RLI’s post‑opt‑out participation. Justice Murdoch dissented, arguing that the carrier should be allowed to retain counsel without compromising the Lowe procedure.