Stewart Title Co. v. Shelby Realty Holdings, 1100215 (Ala. 10-14-2011)

Summary

The court declined to answer the certified question concerning whether title-insurance damages should be measured by the property's current use or its highest intended and best use. It held that the issue could not be answered abstractly because the specific policy language may control the valuation method, and the certifying court had not addressed that language. The court also concluded that the requirements for answering a certified question were not satisfied because established Alabama contract-construction principles could guide the district court and the answer might not be determinative of the underlying case.