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Omni Insurance Company v. Foreman5/11/2001
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"Sec. 43. Separation of powers.
"In the government of this state, except in the instances in this Constitution hereinafter expressly directed or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men."
Because Alabama's UIM statute clearly requires that an insured be compensated for all damages he or she is "legally entitled to recover," and because Foreman is legally entitled to recover punitive damages, the trial court properly denied Omni's motion for a JML as to the punitive-damages award.
V. Conclusion
The judgment of the trial court is affirmed.
AFFIRMED.
Houston , Brown, Johnstone, Harwood, Woodall, and Stuart, JJ., concur.
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