John Johnson is head of the firm’s Insurance Coverage and Extra Contractual Practice. He represents clients in contract and tort litigation, defending them against claims of bad faith, breach of contract, fraud and extra-contractual damages, as well as disputes between insurance carriers. John regularly advises and represents retailers, brokers, underwriters and general agents. He also represents insureds sued under Alabama’s Dram Shop statutes and counsels carriers regarding coverage for liquor liability claims under CGL and liquor liability policies.
John, along with partner Richard Smith, co-authored Allen’s Alabama Liability Insurance Handbook (2nd edition). Now over 10 years into a well established insurance coverage and litigation practice, John is frequently consulted by clients and other lawyers, both within the firm and outside the firm, to help navigate complex coverage issues.
- Obtained summary judgment in favor of property insurer on insured’s contract and bad faith claims following denial of benefits for property damage unrelated to the hurricane upon which the insured based his claim. The court found the evidence submitted by the insured that related the property damage to the hurricane unpersuasive, and entered judgment in favor of carrier.
- Obtained summary judgment for liquor liability carrier following suit against its insured for assault. The court found the manuscript assault and battery exclusion unambiguous, and applied the exclusion to claims for failure to protect from or prevent assault, as well as intended or unintended assault and battery.
- Obtained summary judgment for aircraft insurer on insured aircraft owner’s contract and bad faith claims. The insured failed to schedule a newly acquired aircraft and submitted a claim following a crash landing on a test flight. The court found that the insured acquired ownership of the aircraft nearly one year prior to the accident, even though the insured termed the sales contract a “conditional agreement.” Notwithstanding the evidence presented by the insured, the court found all the conditions precedent to the sale to have been met, and ruled that the insurer was not liable for the more than $700,000 claimed damages to the aircraft.
- Obtained summary judgment for commercial auto insurer on insured’s bad faith claim arising out of a dispute as to whether or not the stacked underinsured motorist limits of the policy had been exhausted.
- Obtained summary judgment for commercial property insurer following re-submission of a hurricane claim more than four years after the storm event. The insured asserted claims for bad faith and breach of contract when the carrier would not agree to appraisal until supporting documentation was submitted. The court found the documentation submitted by the insured to be false, and held that insurers are entitled to a reasonable amount of time to investigate a claim before agreeing to the appraisal process, even where the claim has been previously submitted. The insured sought in excess of $200,000.
- Obtained summary judgment for commercial liability insurer on insured’s claim for defense and indemnity arising out of a construction defect suit. The court found that the claims asserted in the complaint did not constitute an occurrence. Assuming, however, that the claims constituted an occurrence, the court found the damages sought by the plaintiff were excluded by the your work exclusion (subcontractor exception removed by endorsement), punitive damages exclusion, and definition of bodily injury limiting coverage for mental anguish and emotional distress to circumstances with attendant physical injury. The homeowners sought more than $1,000,000.
- Obtained summary judgment in favor of general liability insurer on insured’s bad faith claim where defense was denied following suit against the insured for conversion. The insured recycling business and was accused of destroying/scrapping vehicles not owned by the sellers.
- Obtained Summary Judgment for an insurance company facing a breach of contract and bad faith suit alleging in excess of $6 million. The insured entered into a consent judgment for $6 million in an underlying State Court action, then sued the company claiming the insurer committed bad faith by failing to provide a defense and indemnity to its insured in the State Court case. It claimed as damages the $6 million consent judgment, over $100,000 in attorney’s fees, and punitive damages. Arguing both Georgia contract law and Alabama bad faith law, Edgar Elliott, John Johnson, and Steven Nichols successfully obtained summary judgment for National Casualty as to all claims.
- Bedell v. Quality Casualty Insurance Company, 958 So.2d 344 (Ala. 2006)
- Category 5 Management Group, LLC v. National Cas. Ins. Co.
- Protective Insurance Company v. Plasse
- U.S. Liability Ins. Co. v. Sternenberg Const.
- National Union Fire Ins. Co. of Pittsburgh, PA v. Eagle Aviation Academy, LLC
- Bedell v. Quality Cas. Ins. Co.
- Southern Pioneer Property & Cas. Ins. Co. v. Bennett
- Southern Pioneer Property & Cas. Ins. Co. v. Bennett
- Scottsdale Ins. Co. v. Prayer Tabernacle Early Church of Jesus Christ No. 1
- Mayo v. Scottsdale Ins. Co.
- Great Expectations v. Scottsdale Ins. Co.
- Nationwide Ins. Co. v. Thomas, 103 So.3d 795 (Ala. 2012)
Professional and Community Involvement
- Alabama State Bar 2015 Leadership Forum
- Birmingham Bar Association: Member; 2009 Graduate, Future Leaders Forum; Member, Young Lawyers Section
- Alabama State Bar: Member; Participant, 2008 Pilot Mentoring Program
- American Bar Association (ABA): Member
- Defense Research Institute (DRI): Member
- Alabama Defense Lawyers Association (ADLA): Member
- 2009 Graduate, Bibb Allen Memorial Trial Academy
- Bar Association Bulletin, Board of Editors Member, 2005-2006
- National Business Institute: Faculty, 2007-2008
Awards and recognition
- AV® Preeminent Peer Review Rating from Martindale-Hubbell
- Selected for inclusion in The Best Lawyers in America® in 2018 in the fields of Insurance Law; Insurance Litigation
- Selected for inclusion in Mid-South Region Super Lawyers® 2016-2017 in the field of insurance coverage
- Recognized as a Rising Star in 2011-2015 by Alabama Super Lawyers in the area of insurance coverage
- Selected for inclusion in Benchmark Litigation’s 2017 list of Alabama Litigation Stars
publications and presentations
- Author, Back to Basics: Effective Reservations of Rights, Christian & Small Nonstop Insights Blog (April 2015)
- Co-Author with Robert Shaughnessy, Vice President of Claims for Southern Pioneer Property & Casualty Insurance Co., Back to Basics: Effective Reservations of Rights, CLM Litigation Management magazine (Winter 2015)
- Author, Surprise! Policy Non-Compliance with Financial Responsibility Regulations, Christian & Small Nonstop Insights Blog (July 2014)
- Co-Author with Robert Shaughnessy, Vice President of Claims for Southern Pioneer Property & Casualty Insurance Co., Surprise! Policy Non-Compliance with Financial Responsibility Regulations, CLM Litigation Management magazine (Spring 2014)
- Co-Author with Richard Smith, Allen’s Alabama Liability Insurance Handbook (2d ed. 2009)
- Author, “Liquor Liability Litigation in Alabama,” Birmingham Bar Association Bulletin (Winter 2005)
- Author, “Insurers’ Dilemma: Defend or Not, Who Controls the Defense,” Birmingham Bar Association Bulletin (Summer 2004)