Crook v. Allstate Indemnity Co., et al., [Ms. 1180996, June 26, 2020] __ So. 3d __ (Ala. 2020). The Court (Mendheim,
J.; Parker, C.J., and Bolin, Wise, Bryan, Sellers, and Mitchell, JJ.,
concur; Shaw and Stewart, JJ., concur in the result) affirms the Tuscaloosa
Circuit Court’s judgment granting summary judgment to Allstate and
its agent in an insurance coverage dispute involving damage to homeowner
Crook’s deck and boat dock. Crook argues Coverage A, rather than
Coverage B, “Other Structures,” applies to cover the damage
to the deck and the boat dock. The defendants argue that the damage is
covered by Coverage B, which applies to “[s]tructures ... separated
from your dwelling by clear space.” The defendants argue that the
deck and the boat dock are separated from the dwelling by “clear
space,” so as to qualify only for Coverage B. Ms. *12.
The Court holds that the damage to the deck and boat dock is covered only
under coverage B, explaining that the various jurisdictions that have
considered the issue before us have determined that Coverage B applies
to cover damage to an “other structure” when there is “clear
space” between the dwelling and the other structure, even if the
dwelling and the damaged other structure are connected by a structure
such as a deck.” Ms. **18-19.
The Court also affirms as to the negligent procurement of insurance claim
and holds that
… it is undisputed that Crook did not read the policy or the numerous
policy-renewal notices sent to him from 2006 to 2015 that explicitly set
forth the policy limits and explicitly requested that he read them. Had
he done so, Crook would have discovered that the policy limit for Coverage
B was only $11,455 and could have, had he desired, requested additional
coverage. Crook failed to do so and, thus, “‘“put [himself]
in danger’s way”’ and had a “‘conscious
appreciation of the danger’” of suffering a monetary loss.”
Kanellis [v. Pacific Indemnity Co.], 917 So. 2d [149,] 155 [(Ala. Civ. App. 2005)]. Crook was contributorily
negligent as a matter of law.
Ms. **30-31.