Allstate Life Insurance Co. v. Parker

951 So. 2d 682, 2006 Ala. LEXIS 187, 2006 WL 2216739
CourtSupreme Court of Alabama
DecidedAugust 4, 2006
Docket1040481
StatusPublished

This text of 951 So. 2d 682 (Allstate Life Insurance Co. v. Parker) 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
Allstate Life Insurance Co. v. Parker, 951 So. 2d 682, 2006 Ala. LEXIS 187, 2006 WL 2216739 (Ala. 2006).

Opinions

SMITH, Justice.

Allstate Life Insurance Company appeals by permission, in accordance with Rule 5, Ala. R.App. P., from the denial of its motion for a summary judgment in an action filed by Randall W. Parker, Jr., against Allstate and its agent, Frank Stin-son.1 Because we conclude that no justiciable controversy existed at the time Parker filed his complaint, we remand with directions for the trial court to dismiss Parker’s action against Allstate without prejudice.

Facts and Procedural History

On February 26, 1993, Parker went to the office of Frank Stinson, an agent who sold insurance policies for Allstate. At that time, Parker’s brother, Robert Par[683]*683ker, worked for Stinson, who was Robert’s father-in-law. During his meeting with Stinson, Parker purchased two life-insurance policies — one named Parker as the insured; the other named Parker’s daughter as the insured.

Parker’s complaint alleges that during that meeting Stinson described the policies not as “life insurance” but as a “retirement program” for Parker and an “education fund” for Parker’s daughter. Parker claims that Stinson printed an illustration showing projected future values of the policies. Stinson allegedly discussed the illustration with Parker but did not give a copy of it to Parker. According to Parker, Stin-son claimed that the “retirement program” policy would provide Parker with “a lump sum of money” in the “$80,000 mark” when he reached age 65 and that the “education fund” policy similarly would provide $48,000 to $50,000 in cash when Parker’s daughter reached the age of 18.2 At the end of the meeting, Parker signed two applications, each of which had been filled out by Robert, who was also present at the meeting. Both applications were entitled “Application for Life Insurance”; neither made reference to a “retirement program” or an “education fund.” In this appeal, Parker concedes that it is undisputed that he knew he was purchasing life-insurance policies.

Parker received copies of the policies in March 1993, and he immediately reviewed them, although he says he did not read them “word for word.” On each of the policies, Parker looked at page 4, which was entitled “Table of Guaranteed Cash Values.” In the “retirement program” policy, Parker noticed that the policy guaranteed a cash value of only $11,540 when he reached age 65 rather than the “$80,000 mark” that Parker claims Stinson had promised.3

The next morning, Parker telephoned Stinson and questioned him about the discrepancy between the policy’s stated guaranteed cash value of $11,540 and Stinson’s alleged representation that the policy would have a value in the “$80,000 mark.” Parker claims that Stinson said that the guaranteed value chart in the policy did not reflect what Parker referred to as the “projective [sic] values,” and Parker alleges that Stinson assured him that the policy was “going to be worth $80,000 [when Parker reached] age 65.”

Although Parker also reviewed the policy on the life of his daughter and noticed that the guaranteed cash value for that policy was $2,011 when his daughter reached age 18 — rather than Stinson’s alleged representation that it would be worth $48,000 to $50,000 at that time— Parker could not remember whether he also questioned Stinson about the policy on his daughter. Instead, he testified that he assumed that Stinson intended for the alleged reassurances regarding the projections on the policy on Parker’s life to also reassure Parker regarding the projections on the policy on his daughter’s life.

Parker had no further questions for Stinson, and he continued to pay premiums on the insurance policies.4 In March 1994, [684]*684Parker received the first annual report for each policy, and the reports were accompanied by letters from Stinson. The letters and the reports made several references to the policies as policies of “life insurance.” Neither the reports nor the letters, however, referred to a “retirement program” or an “education fund.” Although Parker received similar reports and letters each year thereafter until 2000, Parker testified that he did not read any of them.

On March 6, 2000, Parker filed an action in the Coffee Circuit Court, naming Stin-son and Allstate as defendants. Parker’s complaint alleged that Stinson and Allstate had engaged in fraudulent misrepresentation and fraudulent suppression in connection with Parker’s purchase of the two policies.

Allstate filed a motion for a summary judgment; the trial court denied that motion on December 1, 2004.5 Allstate then filed a motion requesting the trial court to provide a certification in accordance with Rule 5(a), Ala. R.App. P.6 The trial court granted Allstate’s motion,7 and Allstate petitioned this Court for permission to appeal under Rule 5. This Court granted Allstate’s petition.

Discussion

Although this permissive appeal arises from the trial court’s denial of Allstate’s motion for a summary judgment, we conclude, after reviewing the facts and the relevant caselaw, that no justiciable controversy existed at the time that Parker filed his complaint. Therefore, the trial court lacks jurisdiction to consider the merits of Parker’s claims.8

[685]*685In Donoghue v. American National Insurance Co., 838 So.2d 1032 (AIa.2002), this Court considered whether an action brought by an insured against his insurance company presented a justiciable controversy. Donoghue, the insured, alleged that when he purchased the life-insurance policy at issue from American National Life Insurance Company, American National’s agent fraudulently told him that the policy would provide a separate “retirement fund” in addition to a death benefit. Donoghue claimed that American National’s agent represented that the separate “retirement fund” would be worth $125,000 when Donoghue reached age 65; however, Donoghue alleged that he had “later learned that there was no such ‘retirement fund.’ ” 838 So.2d at 1034. American National filed a motion to dismiss Donoghue’s action, in accordance with Rule 12(b)(6), Ala. R. Civ. P., and the trial court granted the motion, concluding “that Donoghue’s claims were not ripe for adjudication.” 838 So.2d at 1034. This Court reversed.

The trial court in Donoghue had relied on decisions of this Court that involved claims of fraud related to “vanishing premium” insurance policies, including DeArman v. Liberty National Life Insurance Co., 786 So.2d 1090 (Ala.2000), Stringfellow v. State Farm Life Insurance Co., 743 So.2d 439 (Ala.1999), and Williamson v. Indianapolis Life Insurance Co., 741 So.2d 1057 (Ala.1999). Donoghue conceded that those cases stand for the proposition that “a claim alleging that a plaintiff might have to pay premiums beyond the date on which the premiums were represented to ‘vanish’ is not ripe for adjudication until a premium payment is made beyond the ‘vanish’ date.” Donoghue, 838 So.2d at 1037 (citing Williamson, 741 So.2d at 1060-61 (“Although there are projections suggesting that the agent’s alleged representation [that premiums would ‘vanish’ in 2002] was false, there is absolutely no way to know whether this representation was true or was false, until the end of the year 2002.”); Stringfellow,

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Bluebook (online)
951 So. 2d 682, 2006 Ala. LEXIS 187, 2006 WL 2216739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-life-insurance-co-v-parker-ala-2006.