NWKT is proud to congratulate one of our Partners, Kile Turner, for a recent federal court win following a hotly contested bench trial where the plaintiff policy holders sought a seven figure recovery against an insurance company in Barton v. Nationwide Mutual Fire Ins. Co. 2:17-CV-618-SLB. Former presiding judge Sharon Blackburn issued a 35 page opinion that explained why the plaintiffs could not recover against Mr. Turner’s client. The Plaintiffs were homeowners that had obtained a $900,000 judgment in Alabama state court against an insured general contractor who had gone out of business. Under the Alabama Direct Action Statute, once a party obtains a judgment against an insured policy holder, they become a judgment creditor under the policy and can bring a direct action against the insurance company to collect the judgment. However, the amount recoverable is limited to what is covered under the policy. In this case, Mr. Turner was able to show that despite the size of the judgment, none of the judgment was for damages that were insured. Therefore, the court returned a verdict 100% for the insurance company client.
