(concurring specially).
I concur in the majority’s no-opinion affirmance. I write specially to state my agreement with Justice Houston that Hogan v. State Farm Mutual Automobile Insurance Co., 730 So.2d 1157 (Ala.1998), was wrongly decided; however, because I do not believe that issue was properly preserved for our review in this case, I concur to affirm the judgment below.