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eBook details

• Title: Daniel L. Koch and Roberta P. Koch v.
• Author : Supreme Court of Alabama
• Release Date : January 29, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Daniel L. Koch and Roberta P. Koch filed a multiple-count complaint against State Farm Fire and Casualty Company and its agent,
James Robinson (both hereinafter referred to as "State Farm"), alleging breach of contract, 1 bad faith refusal to pay
an insurance claim, and fraudulent concealment, 2 relating to damage to an exterior wall; 3 and breach of contract,
bad faith refusal to pay an insurance claim, and misrepresentation, relating to damage to the kitchen floor. The trial court
directed verdicts in favor of State Farm on all counts. The Koches appeal from the resulting judgment. We affirm. The standard of review for a directed verdict and a summary judgment are essentially the same. Kizziah v. Golden Rule Ins.
Co., 536 So.2d 943 (Ala. 1989). This action was filed after June 11, 1987; therefore, the applicable standard of review is
the "substantial evidence rule." Ala. Code 1975, § 12-21-12; Robichaux v. AFBIC Development Co., 551 So.2d 1017
(Ala. 1989); Perry v. Hancock Fabrics, Inc., 541 So.2d 521 (Ala. 1989). In actions filed after June 11, 1987, a directed verdict
for the defendant would be proper when the plaintiff has failed to present "substantial evidence" as to each element of his
cause of action. See Watters v. Lawrence County, 551 So.2d 1011 (Ala. 1989); see, also, § 12-21-12(d).

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