Latest Case: Allstate Insurance Co. v. Ogletree (Civil Procedure)

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Allstate Insurance Co. v. Ogletree

Docket: 1180896

Opinion Date: February 5, 2021

Judge: Per Curiam

Areas of Law: Civil Procedure, Insurance Law, Personal Injury

Allstate Insurance Company ("Allstate") and its insured, Kaitlin Ogletree, disagreed about the extent of damages incurred in an automobile accident that Ogletree had with an underinsured motorist. During closing arguments, Ogletree's counsel made inaccurate statements unsupported by the evidence presented at trial. The jury returned a verdict for Ogletree, and Allstate appealed on account of the allegedly improper closing argument. The Alabama Supreme Court concluded the incorrect statements were prejudicial and adequate grounds for a new trial. Allstate's objection to the argument was properly preserved, and the Court found those statement were not provoked by an improper statement from Allstate's counsel. Judgment was reversed and the matter remanded for a new trial.