Jennifer Whitworth - Vernis & Bowling

Jennifer Whitworth, Esq.
Attorney
Vernis & Bowling of Birmingham, LLC 2021 3rd Avenue North, 2nd Floor Birmingham, AL 35203
Phone: (205) 445-1026
Email: JWhitworth@Alabama-Law.com
Fax: (205) 445-1036
Website: www.national-law.com
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Verdicts and Dispositions

Mountainwood Construction Services, LLC v Zach and Lindsey Davis, et. al.
Jennifer Whitworth (Birmingham, AL) (Property) secured a favorable outcome on behalf of Centauri Specialty Insurance Company in a third-party indemnity action filed by its insureds. The Insureds were originally sued by a contractor they hired to repair storm damage after a tree fell on their home. The contractor alleged breach of contract against the Insureds, claiming it was not fully paid for the work performed.

In response, the Insureds filed a third-party complaint against Centauri and Ameris Bank, asserting that they never had control over the insurance proceeds and that if they were liable to the contractor, it was due to the actions of Centauri and/or Ameris Bank. We filed a Motion for Summary Judgment on behalf of Centauri, arguing that the insurer fully discharged its obligations under the policy by issuing payment to the Insureds and their mortgage holder, Ameris Bank.

Just two days before mediation, counsel for the Insureds acknowledged there was no viable defense to Centauri’s Motion and voluntarily dismissed Centauri with prejudice. This result effectively removed Centauri from the litigation and shielded it from further liability.
Adina Peyton v. Allstate Indemnity Company, et al.
Jennifer Whitworth (Birmingham, Alabama) (Bad Faith) obtained Summary Judgment on behalf of her client, Allstate Indemnity Company (“Allstate”), in a first-party breach of contract and bad faith action brought by Plaintiff against her rental insurance carrier.

The Plaintiff filed a property damage claim with Allstate alleging that a leaky roof and moisture intrusion in her rental home caused mold damage to her personal property. Allstate denied the claim based on various exclusions in the policy, namely that the cause of the roof leak was not a covered event under the policy and that the plaintiff’s damages were also excluded under the policy’s mold exclusion. The Plaintiff eventually filed a lawsuit against Allstate alleging breach of contract and bad faith, seeking bodily injury damages and over $30,000 in personal property damage.

Following depositions, Allstate filed a Motion for Summary Judgment. At the hearing on same, the defense argued that the Plaintiff failed to show she was entitled to benefits under the policy, and therefore could not show that Allstate breached its contract with her when it denied her claim. Because the Plaintiff must show breach of contract on the part of Allstate to sustain her bad faith claim, the bad faith claim was also due to be dismissed. The plaintiff argued that Allstate failed to adequately investigate her claim prior to denying it.

The Court agreed with Allstate and granted final Summary Judgment in its favor.
Patrick Conn v. Grant Mullins
Bill Smith and Jennifer Whitworth (Birmingham, AL) (Auto Liability) obtained a Defense Verdict in a jury trial that took place in the Circuit Court of Jefferson County, Alabama.

The Plaintiff, Patrick Conn, filed a Complaint against the Defendant, Grant Mullins, alleging negligence and wantonness related to an April 21, 2021 motor vehicle accident. Plaintiff claimed that he and Mullins were traveling next to each other on a 4-lane highway when Mullins’ vehicle suddenly came into his lane of travel and caused a collision. The police officer testified that Mullins told him that he had missed his turn and was attempting to make a right turn from the left lane. Mullins testified that he was in the left lane when he realized he had missed his turn, so he turned on his right turn signal, moved into the right lane, and then slowed down to make a right turn, which he had almost completed when the Plaintiff struck him in the rear. The Defense presented evidence that the Plaintiff was talking on his cell phone at the time of the collision and argued that the distracting phone call prevented the Plaintiff from seeing Mr. Mullins’ vehicle making a right turn in front of him.

The Plaintiff claimed headaches and low back pain following the collision, for which he sought treatment at the emergency room followed by three months of physical therapy. The Plaintiff requested the jury to award him $50,000. The jury returned a Defense Verdict.
Nunn v. Washington
Jennifer Whitworth (Birmingham, AL) (Auto Liability) obtained a Defense Verdict in a bench trial on February 8, 2022 in the District Court of Jefferson County, Alabama in a clear liability auto accident case against an Allstate insured. The Plaintiff claimed neck, back, shoulder and arm injuries. Although the Plaintiff had health insurance, she did not utilize it, instead choosing to receive LOP physiotherapy treatment from a provider recommended by her lawyer. During the first visit, the NP diagnosed Plaintiff with cervical ligamentous instability and suspicion of fracture and/or cervical disc derangement. Despite that diagnosis, the provider failed to conduct diagnostic imaging and did not refer the plaintiff to a specialist. Instead, the Plaintiff underwent numerous chiropractic adjustments and traction to her cervical spine. The provider charged $10,000 for this treatment.

The defense retained an orthopedic surgeon who testified at trial that the plaintiff’s treatment was unnecessary, unreasonable and dangerous. He testified that with the NP’s diagnosis, a cervical collar should have immediately been placed on the plaintiff and she should have been referred to a spine surgeon. The doctor further testified that traction could have paralyzed the plaintiff, assuming she actually had a fractured spine. Despite the Defendant conceding negligence at trial, the Court entered a judgment for the Defendant, implicitly finding that the Plaintiff didn’t prove that she was injured in the accident.

Areas Of Practice

Automobile Liability (PIP/PD/BI/UM)
Construction and Construction Defect Litigation
Cyber Security
First and Third Party Property and Casualty Claims
Premises Liability
Product Liability
Uninsured/Underinsured Motorist Liability
Wrongful Death

Bar & Court Admission

Alabama Bar

Education

Graduate:
Birmingham School of Law, J.D.
Undergraduate:
Augusta State University, Bachelor of Arts in Sociology

Memberships

Alabama Bar Association
Birmingham Bar Association
Birmingham Young Lawyers

Jennifer Whitworth is an experienced insurance defense attorney representing insurers, insureds, and businesses in complex civil litigation. Licensed since 2011, her practice focuses on personal injury, personal and commercial auto and trucking liability, wrongful death, industrial accidents, products liability, strict liability, premises liability, construction defect, accounting malpractice, FLSA disputes, and first-party claims involving bad faith, UIM, and breach of contract. Jennifer also provides coverage opinions, drafts reservation of rights and denial letters for insurers, and handles declaratory judgment actions on behalf of insurers disputing coverage.

Jennifer delivers strategic, cost-effective legal representation with an emphasis on early evaluation, coverage analysis, strategic motion practice, and litigation efficiency. She has a strong record of securing favorable jury verdicts and summary judgments in high-exposure cases. Known for her responsiveness and practical insight, Jennifer is a valued partner to claims professionals across the insurance industry.

Outside of work, Jennifer enjoys hiking, traveling, cooking, and spending time with her husband, Bryan, their three sons—Logan, Ben, and Jake—and their pets, Annie and Whiskey.

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