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NWKT’s Turner and McKenzie Secure Landmark Pro-insurance Decision from Alabama Supreme Court

NWKT attorneys Kile T. Turner and William H. McKenzie, IV just won a landmark pro-insurance opinion in the Alabama Supreme Court.  Attorneys Turner and McKenzie represented Amerisure Insurance Company who insured the builder of car dealership facility under a Commercial General Liability policy.  The dealership building was later plagued by water intrusion and a myriad of other problems.  The dealership filed a lawsuit against the builder and obtained a $650,100 judgment.  However, attorneys Turner and McKenzie took the position that there was no coverage under the CGL policy for the jury verdict.  They advised Amerisure to deny coverage based on their argument that faulty workmanship causing damage to the building itself does not constitute an “occurrence” under the CGL policy.  After many years of fighting in different trial courts and several times before the Alabama Supreme Court, attorneys Turner and McKenzie convinced the Alabama Supreme Court to adopt their coverage position.  In short, they solidified Alabama law and established that faulty workmanship which does not cause damage to other non-defective work is not covered under a commercial general liability policy.

In the attached opinion, the Alabama Supreme Court affirmed that Amerisure was not obligated to pay a $650,100.00 judgment entered on the jury verdict in favor or the auto dealership and against the insured builder. Taking into account the post-judgment interest, attorneys Turner and McKenzie were able to save their client over $1,000,000 dollars.  Even more importantly, this opinion will save insurance companies an immeasurable amount of money in the future by barring CGL claims based on faulty construction.

Attorneys Turner and McKenzie credit their client for trusting them and having the foresight to pursue this matter to its final Supreme Court win.  Please contact attorney Turner or McKenzie if you would like to discuss this case or if you need counsel for any coverage or litigation matter.

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