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surgical policies, hospital intensive care policies, and accident
policies.
Petitioner ultimately determined that the insurance policies
that she had purchased did not provide the coverage that had been
represented. Accordingly, petitioner decided to seek legal
redress.
In November 1993, petitioner retained the law firm of Olen &
McGlothren, P.C. (the Olen law firm) to represent her in
prosecuting her claims against Liberty Life. Pursuant to the
retainer agreement, petitioner agreed to pay attorney’s fees
equal to 40 percent of whatever money was eventually recovered,
whether by trial or settlement. Petitioner also agreed to pay
court costs and related legal expenses from such money.
Thereafter, in 1994, the Olen law firm filed a Complaint on
petitioner’s behalf in the Circuit Court of Mobile County,
Alabama against Liberty Life. Later, in September 1994, an
amended complaint was filed.
The amended complaint focused on the various insurance
policies that petitioner had purchased from Liberty Life. The
amended complaint alleged that these insurance policies contained
restrictive payment provisions limiting the amount of
petitioner’s recovery to benefits available under only one of the
policies, such that the other policies were duplicative and
worthless.
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