News & Events

Obtained Dismissal for Insurer

Butler Snow attorneys A. David Fawal and Matthew A. Barley recently obtained a dismissal for an insurer in the Circuit Court of Limestone County, Alabama. The insurer was being sued for bad faith and breach of contract and argued that the suit was due to be dismissed on the basis of judicial estoppel. The insurer argued that after it denied the plaintiff’s insurance claim, the plaintiff failed to disclose a potential lawsuit against it when the plaintiff filed Chapter 7 bankruptcy. After briefing and oral argument, the court found that the plaintiff had taken a position inconsistent with that of her bankruptcy proceedings and dismissed the insurer in the present action.