Lou Ann Downey and Delbert Downey v. Travelers Property Casualty Insurance Company

Summary

The Alabama Supreme Court affirmed that the Downeys forfeited their underinsured‑motorist coverage because they failed to give prior notice of the settlement, even though they possessed the policy and were represented by counsel. The Court held that ignorance of the policy’s coverage is not a legally acceptable excuse. Justice Murdoch, in a concurring opinion, questioned whether the additional procedural overlay based on Burgess is appropriate.