Supreme Court of Alabama April 6, 2001, 1981734 (New York Life Ins. Co. v. Griffin)

On Application for Rehearing The opinion of December 15, 2000, is withdrawn, and the following opinion is substituted therefor. New York Life Insurance Company ("New York Life") is a defendant in an action pending in the Clarke Circuit Court. We granted it permission to appeal from an order denying its motion for a summary judgment. See Rule 5, Ala.R.App.P.