Barnes v. Atlantic & Pacific Life Insurance Co‪.‬

This case presented the opportunity for the first published opinion certifying questions to the Alabama Supreme Court under their recently adopted procedure which permits the Alabama high Court to answer questions of state law certified by a Court of the United States. Ala.Const. art. 6, ? 140(b)(3). The Alabama Court by its second published opinion has responded thoroughly and has definitively set forth the relevant Alabama law. The opinion holds that under Alabama law one fact question remains which will determine the outcome of this case. We remand to the District Court for determination of this issue.