The case involves Douglas Ghee, as the personal representative of the estate of deceased Billy Fleming, appealing against USAble Mutual Insurance Company. The insurance company denied coverage for Fleming's recommended surgery. Consequently, Ghee filed a wrongful-death claim against the insurance company, alleging that they not only denied coverage for the necessary surgery but also advised Fleming to seek the surgery instead on an emergency basis.
The Supreme Court of Alabama affirmed in part and reversed in part the dismissal of Ghee's wrongful-death claim. The court upheld the insurance company's decision to deny coverage for the surgery while reversing the dismissal of Ghee's claim that alleged the insurance company's negligent medical advice. The case was remanded for further proceedings.