Ex Parte Hampton Insurance Agency and Ginger A. Spencer, Ex Parte Acceptance Indemnity Insurance Company and Ashland…

Summary

The Alabama Supreme Court granted the petitions for writs of mandamus and ordered the transfer of the underlying insurance dispute from Hale County to Tuscaloosa County. It held that venue is determined at the commencement of an action, that a sole proprietorship is treated as an individual for venue purposes under § 6‑3‑2, and that the plaintiff’s amendment adding Acceptance and Ashland did not relate back to cure the improper venue. The Court also found the trial court exceeded its discretion in denying the transfer and issued writs directing the transfer.