Supreme Court of Alabama
Travelers Indemnity Company of Connecticut v. Angela Worthington
October 13, 2017252 So. 3d 645
Summary
The court affirmed the denial of Travelers' postjudgment motion because Travelers knowingly proceeded to trial while treating UIM coverage, liability, and injury as established, then raised its forfeiture defense for the first time after the jury returned an adverse verdict. The court held that Travelers had waived the defense and could not repudiate its trial stipulation. The court also rejected Travelers' challenge to supplementation of the appellate record because the trial judge had personal knowledge of the proceedings and Travelers' supporting argument was inadequately supported. Justice Murdock concurred in the rationale in part and result, Justice Shaw concurred in the result, and Justice Sellers dissented.