Holley v. Alfa Mut. Ins. Co. (Ex parte Alfa Mut. Ins. Co.)

250 So. 3d 541
CourtSupreme Court of Alabama
DecidedSeptember 1, 2017
Docket1160536
StatusPublished

This text of 250 So. 3d 541 (Holley v. Alfa Mut. Ins. Co. (Ex parte Alfa Mut. Ins. Co.)) 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
Holley v. Alfa Mut. Ins. Co. (Ex parte Alfa Mut. Ins. Co.), 250 So. 3d 541 (Ala. 2017).

Opinion

WISE, Justice.

Alfa Mutual Insurance Company, the defendant below, filed a petition for a writ of mandamus requesting that this Court direct the Pickens Circuit Court to vacate its order denying a motion to transfer the underlying action to the Tuscaloosa Circuit Court and to enter an order granting the motion. We grant the petition and issue the writ.

Facts and Procedural History

On February 20, 2016, Richard Holley, who resided in Pickens County, was involved in a motor-vehicle accident in Tuscaloosa County. The other vehicle was driven by David Craig Evans, who was uninsured. Emergency-medical-services personnel from NorthStar EMS in Tuscaloosa treated Holley at the scene and then transported him to DCH Regional Medical Center in Tuscaloosa. Law-enforcement personnel who were based in Tuscaloosa County also responded to the accident.

*543After the accident, Holley received follow-up treatment from three medical providers in Tuscaloosa and one medical provider in Mississippi.

Chris Evans, an agent for Alfa who had an office in Pickens County, had issued a personal automobile-insurance policy to Harry Michael Tilley, a resident of Pickens County. Shortly before the accident, Holley was added as an insured on Tilley's policy. The policy included uninsured-motorist coverage for Holley.

On July 18, 2016, Holley's attorney wrote Alfa a letter requesting $75,000 in uninsured-motorist benefits as compensation for injuries Holley suffered as a result of the accident. On August 2, 2016, Alfa sent a letter to Holley's attorney, refusing to pay the requested uninsured-motorist benefits and offering to settle Holley's claim for $10,000. Shortly thereafter, on August 11, 2016, Holley filed a complaint in the Pickens Circuit Court against Alfa, stating uninsured-motorist, breach-of-contract, and bad-faith claims based on Alfa's refusal to pay the requested uninsured-motorist benefits.

On December 28, 2016, Alfa filed a motion to transfer the action to Tuscaloosa County based on the doctrine of forum non conveniens, as codified in § 6-3-21.1, Ala. Code 1975. On February 15, 2017, Holley filed a response opposing the motion to transfer. On February 16, 2017, the trial court denied the motion to transfer. This petition followed.

Standard of Review

"A petition for a writ of mandamus is the appropriate 'method for obtaining review of a denial of a motion for a change of venue' pursuant to § 6-3-21.1. Ex parte National Sec. Ins. Co., 727 So.2d 788, 789 (Ala. 1998)....
" '....'
" 'A party moving for a transfer under § 6-3-21.1 has the initial burden of showing, among other things, one of two factors: (1) that the transfer is justified based on the convenience of either the parties or the witnesses, or (2) that the transfer is justified "in the interest of justice." ' Ex parte Indiana Mills & Mfg., Inc., 10 So.3d 536, 539 (Ala. 2008). Although we review a ruling on a motion to transfer to determine whether the trial court exceeded its discretion in granting or denying the motion, ibr.US_Case_Law.Schema.Case_Body:v1">id., where 'the convenience of the parties and witnesses or the interest of justice would be best served by a transfer, § 6-3-21.1, Ala. Code 1975, compels the trial court to transfer the action to the alternative forum.' Ex parte First Tennessee Bank Nat'l Ass'n, 994 So.2d 906, 912 (Ala. 2008) (emphasis added)."

Ex parte Wachovia Bank, N.A., 77 So.3d 570, 573 (Ala. 2011).

Discussion

Alfa argues that the trial court exceeded its discretion in denying its motion to transfer the action from Pickens County to Tuscaloosa County. Specifically, it contends that Tuscaloosa County has a strong connection to the case because, among other things, the motor-vehicle accident that gave rise to Holley's claim occurred there. In contrast, Alfa asserts that the case has "very little, if any," connection to Pickens County. In particular, it asserts:

"The only connection to Pickens County is that 'a Pickens County resident was denied insurance benefits.' The Plaintiff, however, did not purchase the policy, did not request the issuance of the policy, did not pay any part of a premium on the policy, did not have the policy delivered to him, and was not involved 'in any way in the procurement, delivery to the insured, or payment for the policy.' "

*544Therefore, Alfa asserts that the interest-of-justice prong of Alabama's forum non conveniens statute mandates a transfer to Tuscaloosa County.

Section 6-3-21.1, Ala. Code 1975, provides, in pertinent part:

"With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein."

(Emphasis added.)

"Historically, the plaintiff has had the initial choice of venue under the system established by the legislature for determining venue. Before the enactment of § 6-3-21.1 by the Alabama Legislature in 1987, a plaintiff's choice of venue could not be disturbed on the basis of convenience to the parties or the witnesses or in the interest of justice. With the adoption of § 6-3-21.1, trial courts now have 'the power and the duty to transfer a cause when "the interest of justice" requires a transfer.' Ex parte First Family Fin. Servs., Inc., 718 So.2d 658, 660 (Ala. 1998) (emphasis added). In First Family, this Court noted that an argument that trial judges have almost unlimited discretion in determining whether a case should be transferred under § 6-3-21.1'must be considered in light of the fact that the Legislature used the word "shall" instead of the word "may" in § 6-3-21.1.' 718 So.2d at 660. This Court has further held that 'Alabama's forum non conveniens statute is compulsory.'

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Related

Ex Parte First Family Financial Services
718 So. 2d 658 (Supreme Court of Alabama, 1998)
Ex Parte Sawyer
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Ex Parte Indiana Mills & Mfg., Inc.
10 So. 3d 536 (Supreme Court of Alabama, 2008)
Ex Parte Fuller
955 So. 2d 414 (Supreme Court of Alabama, 2006)
Ex Parte Smiths Water and Sewer Authority
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Ex Parte First Tennessee Bank Nat. Ass'n
994 So. 2d 906 (Supreme Court of Alabama, 2008)
Quick v. State Farm Mut. Auto. Ins. Co.
429 So. 2d 1033 (Supreme Court of Alabama, 1983)
Pontius v. State Farm Mut. Auto. Ins. Co.
915 So. 2d 557 (Supreme Court of Alabama, 2005)
Ex Parte State Farm Mut. Auto. Ins. Co.
893 So. 2d 1111 (Supreme Court of Alabama, 2004)
Kirk v. Alfa Mutual Insurance Co.
142 So. 3d 728 (Court of Civil Appeals of Alabama, 2013)
Wright v. Autauga Heating & Cooling, LLC
58 So. 3d 745 (Supreme Court of Alabama, 2010)
Floyd v. Wachovia Bank
77 So. 3d 570 (Supreme Court of Alabama, 2011)

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Bluebook (online)
250 So. 3d 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holley-v-alfa-mut-ins-co-ex-parte-alfa-mut-ins-co-ala-2017.