Alfa Life Ins. Corp. v. Johnson

822 So. 2d 400, 2001 Ala. LEXIS 427, 2001 WL 1474328
CourtSupreme Court of Alabama
DecidedNovember 21, 2001
Docket1000348
StatusPublished
Cited by34 cases

This text of 822 So. 2d 400 (Alfa Life Ins. Corp. v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alfa Life Ins. Corp. v. Johnson, 822 So. 2d 400, 2001 Ala. LEXIS 427, 2001 WL 1474328 (Ala. 2001).

Opinion

822 So.2d 400 (2001)

ALFA LIFE INSURANCE CORPORATION
v.
Pauline JOHNSON and Earlene Winters.

1000348.

Supreme Court of Alabama.

November 21, 2001.

*401 Robert W. Bradford, Jr., and Paul A. Clark of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for appellant.

Charles A. McCallum III of Campbell, Waller, McCallum & Loper, L.L.C., Birmingham; and Robert G. Methvin, Jr., and James M. Terrell of McCallum & Methvin, P.C., Birmingham, for appellees.

Stephen W. Still and Lorrie L. Hargrove of Maynard, Cooper & Gale, P.C., Birmingham, for amicus curiae Association of Alabama Life Insurance Companies.

WOODALL, Justice.

The trial court entered an order on October 11, 2000, certifying this case as a class action pursuant to Rule 23(b)(3), Ala. R. Civ. P. The defendant, Alfa Life Insurance Corporation ("Alfa"), appeals pursuant to § 6-5-642, Ala.Code 1975. We vacate the trial court's class-certification order and remand the case for further proceedings consistent with this opinion.

I.

Pauline Johnson and Earlene Winters (hereinafter together referred to as "the plaintiffs") purchased several life insurance policies from Alfa no later than 1991, several of which were an interest-sensitive policy known as the ISP601. The ISP601 was developed in 1984 to provide Alfa's customers the benefits of interest rates that exceeded the policy's guaranteed minimum interest rate. Interest-sensitive life insurance policies allow the customers to build cash values in their policies, through *402 the payment of premiums, and through Alfa's crediting of interest on the premiums. Alfa also issued another interest-sensitive policy, the ISP611. For the purposes of this appeal, the parties agree that the ISP611 is identical to the ISP601.

Premiums paid on the interest-sensitive policies are placed into a policy-accumulation fund. Alfa charges the fund for the cost of insurance, policy fees, riders, and benefits. Interest is credited on the remainder in the accumulation fund monthly at the then current rate of interest. The value of the accumulation fund is known as the "Accumulation Value," which the policy defines as follows:

"Accumulation Value. The Accumulation Value at the end of any policy month will be:
"1. The Accumulation Value, if any, at the end of the prior policy month; plus
"2. Any premium received during the current policy month; less
"3. The risk charge for the current month; plus
"4. Interest.
"Interest will be credited on the net premium from the date the premium is received at our Home Office to the end of the current policy month."

Under this definition, the only reduction provided for from the accumulation value is the "risk charge for the current month." The policy defines "Risk Charge" as follows:

"Risk Charge. The Risk Charge will be determined at the beginning of each policy month. It is equal to the sum of:
"1. The product of the amount at risk for that policy month and the monthly cost per $1,000 of insurance described below, divided by 1,000;
"2. The policy fee;
"3. Any smoker risk premium or special class premium;
"4. Any premiums for riders or benefits."

The plaintiffs and other Alfa customers may choose to pay their premiums monthly, quarterly, semiannually, or annually. Alfa charges a "modal" charge or a "mode-of-payment" fee when a customer chooses to pay his or her premiums on other than an annual basis. Alfa deducts the modal charge from the accumulation value of an interest-sensitive policy. Alfa considers modal charges to be "premiums for ... benefits," and properly included in the risk charge, which is deducted from the accumulation value under the terms of the policies. Johnson and Winters have paid premiums more frequently than annually on their interest-sensitive policies, and Alfa has collected modal charges from them, which Alfa has deducted from the accumulation values of their policies.

II.

This action was filed on April 16, 1997. Much of its procedural history is not relevant to this appeal. The plaintiffs now contend that Alfa has breached the terms of the interest-sensitive life insurance policies by charging mode-of-payment fees. In fact, in their amended motion for class certification, the plaintiffs sought certification of the following opt-out class: "Any person or entity in Alabama who has been charged a mode of payment fee by Alfa on a 601 or 611 interest-sensitive policy since 1984 to present."

The trial court held a hearing on the plaintiffs' amended motion for class certification. On October 11, 2000, the trial court entered an order certifying this case as a class action under Rule 23(b)(3), Ala. R. Civ. P., and certifying the class to include:

"All those individuals who (a) are citizens of the State of Alabama and (b) *403 who, from April 16, 1991, up until the time of final judgment in this action, have been insured under or paid premiums pursuant to an Alfa 601 or 611 interest sensitive policy and (c) who paid premiums on a mode more frequently than on an annual basis."

Alfa appealed the class-certification order pursuant to § 6-5-642, Ala.Code 1975.

III.

In its class-certification order, the trial court stated the "central issue of liability" in a single sentence: "If the collection of a `mode of payment' fee is not permissible under the terms of the policies, Alfa has breached its agreement with the Plaintiffs and each member of the class." While not determining the merits of that issue, the trial court indicated that it had "undertaken to study and consider the factual basis of the Plaintiffs' claims, as well as the arguments presented by the parties." The trial court also summarized the parties' arguments with regard to the mode-of-payment fee:

"According to the Plaintiffs, under the express definition of `risk charge' Alfa is not permitted to deduct a `mode of payment' fee from policyholders' fund balances. Alfa admits that the `mode of payment' fee is not included under Sections (1)-(3) of the definition of `risk charge.' Alfa claims that, however, although the `mode of payment' fee is not listed, it is actually included under the fourth enumeration as a `premium for a benefit.' That is, Alfa claims the `mode of payment' fee is not actually a fee, but a `premium' payment for the policy `benefit' of permitting a policyholder to pay more frequently than on an annual basis. Plaintiffs counter by stating that a `mode of payment' fee is not identified as a `benefit' anywhere in the policy or application, including the `Schedule of Benefits and Premiums' which specifically lists each benefit and corresponding premium under the policy."

Although Alfa and the plaintiffs construe the term "benefit" as that term is used in the definition of "risk charge" differently, the trial court did not determine whether the interest-sensitive policy is ambiguous. The trial court did note "the Plaintiffs' position that the terms of the policies are clear and explicit." On appeal, Alfa makes a similar statement: "Alfa believes the contract is straightforward." (Reply Brief of Alfa,

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Bluebook (online)
822 So. 2d 400, 2001 Ala. LEXIS 427, 2001 WL 1474328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfa-life-ins-corp-v-johnson-ala-2001.