Natl. Security Fire Casualty Co. v. Dewitt, 1091225 (Ala. 11-18-2011)

Summary

The court vacated the order certifying a class of insureds who allegedly were denied general-contractor overhead and profit in actual-cash-value payments. Although common questions existed, the court held that individualized evidence would likely be required to determine whether a general contractor was reasonably foreseeable, whether estimates reflected three or more trades, and whether individual defenses applied. Those individualized inquiries defeated both predominance and superiority under Rule 23(b)(3).