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FAULK v. MOTORS INS. CORP.9/5/1997
This is an appeal from a summary judgment entered in favor of the insurer, Motors Insurance Corporation (MIC), in an uninsured/underinsured motorist case.
On Saturday, May 22, 1993, Troy C. Faulk entered into negotiations with the Performance Toyota automobile dealership for the purchase of a 1991 Pontiac Grand Am automobile. While at the dealership, Mr. Faulk signed several documents, including a "vehicle retail buyer's order"; a "customer checklist"; a credit application; an agreement to provide accidental physical damage insurance within 15 days; and a "motor vehicle installment sales contract." These documents do not appear to have been signed by a representative
of Performance Toyota. Mr. Faulk was allowed to take the Grand Am home for the weekend, for what he described as a test drive. He testified by deposition that he had to return the car to Performance Toyota on Monday. Mr. Faulk also testified that he did not believe that he had reached a final agreement with Performance Toyota because they had not agreed on a purchase price for the Grand Am. It is undisputed that the purchase of the Grand Am was contingent on a lender's approving Mr. Faulk's credit application. It is also undisputed that his application was denied.
After leaving the dealership, Troy Faulk and his wife Kellie Faulk drove to the home of Troy Faulk's parents. They left his parents' home later that night, and were en route to their home with their son Justin, when they were involved in a head-on collision with a truck driven by Roy E. Stamps. The truck was owned by Stamps's employer , Louis Staville, and was insured by Progressive Insurance Company. After the accident, Stamps was arrested and was charged with first degree assault; his blood alcohol level at the time was .288%. The Faulks were seriously injured in the collision and, as a result, incurred approximately $34,000 in medical expenses.
Mr. and Mrs. Faulk retained an attorney after the accident. On May 24, 1993, Performance Toyota received a document rescinding the agreement on the Grand Am. This document is allegedly signed by Mr. Faulk, but he contends that he does not remember signing such a document.
In December 1993, the Faulks settled with Staville and his insurer for $40,000 and released them from further liability for claims arising out of the accident. After this settlement, the Faulks changed attorneys. In October 1994, the Faulks' new attorney wrote Performance Toyota to inquire about its uninsured/underinsured motorist coverage. In November 1994, the Faulks' attorney notified MIC, Performance Toyota's uninsured/underinsured motorist carrier, about their settlement with Staville.
The Faulks sued Stamps and MIC. Their claims against MIC are based on the insurance policy it issued to Performance Toyota.
The trial court entered a summary judgment in favor of MIC; the Faulks appealed to the Alabama Supreme Court, which transferred the case to this court pursuant to § 12-2 7(6), Ala. Code 1975.
In order to enter a summary judgment, the trial court must determine that there are no genuine issues of material fact and that the moving party is entitled to a judgment as a matter of law. Rule 56(c), Ala. R. Civ. P.; Silk v. Merrill Lynch, Pierce, Fenner & Smith, 437 So.2d 112 (Ala. 1983). For cases filed after June 11, 1987, Rule 56 is read in conjunction with the "substantial evidence rule," § 12-21-12, Ala. Code 1975. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala. 1989). To defeat a properly supported motion for a summary judgment, the plaintiff must present "substantial evidence," i.e., "evidence of such weight and quality that fair-minded person
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