First Family Financial Services, Inc. v. Rogers

736 So. 2d 553, 1999 WL 148205
CourtSupreme Court of Alabama
DecidedMarch 19, 1999
Docket1972163, 1972171
StatusPublished
Cited by52 cases

This text of 736 So. 2d 553 (First Family Financial Services, Inc. v. Rogers) 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
First Family Financial Services, Inc. v. Rogers, 736 So. 2d 553, 1999 WL 148205 (Ala. 1999).

Opinion

736 So.2d 553 (1999)

FIRST FAMILY FINANCIAL SERVICES, INC.
v.
Bob ROGERS and Mary L. Rogers.
American Security Insurance Company and Union Security Life Insurance Company
v.
Bob Rogers and Mary L. Rogers.

Nos. 1972163, 1972171.

Supreme Court of Alabama.

March 19, 1999.
Rehearing Denied May 21, 1999.

*554 Sandy G. Robinson of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Mobile, for appellant First Family Financial Services, Inc.

James E. Robertson, Jr., and Rodney R. Cate of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, L.L.C., Mobile, for appellants American Security Insurance Company and Union Security Life Insurance Company.

Joseph C. McCorquodale III and Jacqualyn S. Bradley of McCorquodale & McCorquodale, Jackson, for appellees.

HOUSTON, Justice.

The defendants, First Family Financial Services, Inc. ("First Family"), American Security Insurance Company ("American Security"), and Union Security Life Insurance Company ("Union Security"), appeal from the trial court's order denying their motions to compel arbitration of the claims made by the plaintiffs, Bob Rogers and Mary L. Rogers, based on allegations of breach of contract, fraud, and violation of Ala.Code 1975, § 5-19-1 et seq. (the "Mini-Code"). We affirm as to American Security and Union Security. As to First Family, we reverse and remand.

The plaintiffs obtained loans from First Family on December 21, 1991, and August 23, 1994. The plaintiffs allege that in conjunction with those loans they purchased credit-property insurance from American Security and credit-life and credit-disability insurance from Union Security. They further allege that in those transactions *555 First Family acted as an agent for American Security and Union Security and that a loan officer of First Family made certain material misrepresentations to them (specifically, that the purchase of credit-property, credit-life, and credit-disability insurance was required as a condition to their obtaining the loans) and suppressed certain material information (specifically, that the amount of credit insurance required of them was excessive). The plaintiffs sued First Family, American Security, and Union Security, seeking damages based on claims arising out of the 1991 and 1994 transactions.

First Family, American Security, and Union Security moved to compel arbitration of the plaintiffs' claims, based on the following document, which was executed by the plaintiffs and First Family in conjunction with a 1997 loan transaction:

"READ THIS ARBITRATION AGREEMENT CAREFULLY, IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING A COURT ACTION. "ARBITRATION AGREEMENT "[At this point, the agreement sets out, in a box, the following items: "BORROWERS (Called LENDER (Called `we' or `us') `you' or `your') "First Family Financial "Bob Rogers and Mary Services, Inc. Rogers "1504 College Avenue "[address] "Jackson, AL 36545 "Date of Loan "Account Number"] "10/27/97"
"In consideration of the mutual promises made in this agreement, you and we agree to arbitrate, under the following terms, all claims and disputes between you and us, except as provided otherwise in this agreement:
"ARBITRATION: Arbitration is a method of resolving disputes between parties without filing a lawsuit in court. By signing this agreement, you and we are both agreeing that if there are any disputes between you and us, you and we must submit them to an arbitrator. The arbitrator's decision is final and binding on you and us. The arbitrator does not have to give any written reasons for the decision. You and we are giving up the right to bring a lawsuit in court, including the right to a jury trial.
"DISPUTES COVERED: This agreement applies to all claims and disputes between you and us. This includes, without limitation, all claims and disputes arising out of, in connection with, or relating to:
" *your loan from us today;
" *any previous loan from us and any previous retail installment sales contract or loan assigned to us;
" *all the documents relating to this or any previous loan or retail installment sales contract;
" *any insurance purchased in connection with this or any previous loan or retail installment sales contract;
" *whether the claim or dispute must be arbitrated;
"*the validity of this arbitration agreement;
" *any negotiations between you and us;
*556 " *any claim or dispute based on an allegation of fraud or misrepresentation;
" *any claim or dispute based on federal or state statute; and
" *any claim or dispute based on an alleged tort.
"This agreement also applies to any claim or dispute, including all the kinds of disputes listed above, between you and any of our employees or agents, any of our affiliate corporations, and any of their employees or agents. Affiliate corporations are our parent corporations, subsidiary corporations, and sister corporations. Some of our affiliates are Associates First Capital Corporation, Associates Corporation of North America, Associates Financial Life Insurance Company, Associates Insurance Company, and Associates Financial Services Company, Inc.
"You agree that we do not have to initiate arbitration before exercising our remedies of repossession or non-judicial foreclosure, since we can resort to those remedies without going to court. Any claim or dispute arising out of, relating to, or in connection with our exercise of those remedies, however, would have to be arbitrated.
"ARBITRATION RULES: The arbitration will be conducted under the `Commercial Arbitration Rules' of the American Arbitration Association that are in effect at the time arbitration is started and under the rules set forth in this agreement. If there is any conflict between what the Commercial Arbitration Rules say and what this agreement says, what this agreement says will govern. We are giving you a copy of the Commercial Arbitration Rules at the time you sign this agreement. If you lose your copy, we will give you another one if you ask for it.
"STARTING ARBITRATION: Either you or we can start arbitration any time a dispute arises between you and us.
To start arbitration, you or we must do the following things:
"1. Complete a Demand For Arbitration (a copy is attached to this agreement)
"2. Send three copies of the completed Demand for Arbitration and three copies of this agreement to:
American Arbitration Association 1975 Century Boulevard, N.E., Suite 1
Atlanta, Georgia 30345
"3. Send one copy of the Demand For Arbitration to the other party (that is, if we start arbitration, we send it to you; if you start arbitration, you send it to us) at the address shown on the agreement.
"COSTS OF ARBITRATION: If you start arbitration, you agree to pay the initial filing fee required by the American Arbitration Association up to a maximum of $125.

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Bluebook (online)
736 So. 2d 553, 1999 WL 148205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-family-financial-services-inc-v-rogers-ala-1999.