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FIREMAN'S FUND INS. CO. v. GRAY

2021070.

898 So.2d 753 (2004)

FIREMAN'S FUND INSURANCE COMPANY v. Ronald GRAY and Everest National Insurance Company.

Court of Civil Appeals of Alabama.

Rehearing Denied August 13, 2004.

Attorney(s) appearing for the Case

William A. Austill and William K. Bradford of Austill, Lewis & Simms, P.C., Birmingham, for appellant

Samuel Maples, Birmingham, for appellee Ronald D. Gray.

Lonnie D. Wainwright, Jr., of Wainwright, Pope & McMeekin, P.C., Birmingham, filed brief on appeal for Everest National Insurance Company.

Donald B. Kirkpatrick II, Joseph H. Driver, and Holly H. Bazemore of Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Birmingham, filed brief on appeal for Danny Gray Flooring.

Michael L. Jackson of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham; and Jack G. Criswell, Birmingham, filed brief on appeal for Cincinnati Insurance Company.

William T. Mills II and Kathryn L. Harman of Porterfield, Harper, Mills & Motlow, P.A., Birmingham, for State Claims Adjusters, Inc.

PER CURIAM.

Ronald Gray sued Danny Gray Flooring ("Gray Flooring"), a business owned by Ronald, on October 13, 2000, seeking to recover workers' compensation benefits for injuries he sustained to his lower back on November 1, 1998. Gray Flooring answered the complaint on October 25, 2000. On May 17, 2001, Everest National Insurance Company ("Everest") moved to intervene in the workers' compensation action as a real party...

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