Insurance Management & Admin., Inc. v. Palomar Ins. Corp

In Insurance Management & Admin., Inc. v. Palomar Ins. Corp., 590 So. 2d 209, 212 (Ala. 1991) the Court held that a presumption of service in accordance with Rule 4.2(b)(1), Ala. R. Civ. P., arises upon a showing of the certified-mail return receipt and "the circuit court clerk's notation on the docket sheet that the process has been properly mailed." 590 So. 2d at 213. To rebut this presumption, the challenging party "bears the burden of establishing lack of service by clear and convincing evidence." Id. Thus, Palomar Insurance merely establishes a presumption of compliance with Rule 4.2(b)(1); that is, that the court clerk mailed the process and the person signing the certified-mail receipt received the process. Palomar Insurance does not establish a presumption that a defendant was served in compliance with Rule 4(c), which indicates "upon whom process is to be served."