Starnes Davis Florie


Piggott & Salter Obtain Favorable Opinion From The Supreme Court of Alabama

November 15, 2011

Phil Piggott and Scott Salter recently obtained an opinion from the Supreme Court of Alabama in favor of their construction company client in which the Supreme Court affirmed the denial of a motion to intervene filed by the construction company’s insurer against the construction company. The construction company was sued alleging numerous defects in newly constructed homes, including the use of drywall manufactured in China. The construction company’s insurer moved to intervene in the lawsuit arguing that several of the claims in the lawsuit were not covered under the policy. The insurer requested that the trial court allow it to intervene for the limited purpose of participating in discovery and issuing special interrogatories to the jury or, alternatively, for a bifurcated trial in which the insurance company would participate in the second half of the trial and try the insurance coverage issues. The trial court denied the motion to intervene and the insurer appealed. On appeal, Phil Piggott and Scott Salter argued that the trial court had not abused its discretion and that the insurer had no right to intervene in the case. The Supreme Court agreed and affirmed the trial court’s ruling.

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