Ex Parte State Farm Mutual Automobile Insurance Company. (in Re State Farm Mutual Automobile Insurance Company V…

Summary

The Alabama Supreme Court reversed the Court of Civil Appeals and held that a UIM insurer’s right to recover a Lambert advance is not a subrogation right and that such recovery does not create a common fund, so the insurer is not liable for the insured’s attorney fees. Justice Moore’s dissent and Justice Murdock’s concurrence are noted.