Ex parte State Farm Mutual Auto. Ins. Co., [Ms. SC-2023-0528, Apr. 5, 2024] __ So. 3d __ (Ala. 2024). The Court (Bryan, J.; Parker, C.J., and Shaw, Wise, Sellers, Mendheim, Stewart, Mitchell, and Cook, JJ., concur) issues a writ of mandamus to the Shelby Circuit Court directing the dismissal of Melissa Keller’s claim for underinsured motorist (“UIM”) benefits against State Farm set out in an amended complaint filed more than six years after the subject automobile accident.
The Court rejects the Plaintiff’s argument that the UIM claim did not accrue until she settled with the at-fault driver and holds the requirement of “... establish[ing] the uninsured/underinsured motorist’s liability as part of the direct claim for benefits … does not push the accrual of the claim to the date when such liability is established.” Ms. *13.
Observing that State Farm conceded that Keller’s breach of contract claim is not time-barred, the Court notes that “[w]hether the success of Keller’s breach-of-contract claim depends upon the success of her direct claim for underinsured-motorist benefits is an issue that is not before us.” Ms. **17-18.