FIDELITY & CASUALTY COMPANY OF NEW YORK v. THOMAS

Civ. A. No. 806-E.

315 F.Supp. 89 (1970)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Plaintiff, v. Clinton L. THOMAS, Jerry L. Sherum, Charles Sherum, a minor, Maggie Sherum, Mary Nell Sherum, and Nezzie Mae Dillard, Defendants, Horace Mann Mutual Insurance Company, a corporation, Intervenor.

United States District Court, M. D. Alabama, E. D.

June 29, 1970.


Attorney(s) appearing for the Case

Charles E. Porter, Montgomery, Ala., for plaintiff.

Tom Radney, Alexander City, Ala., for all defendants except Clinton L. Thomas.

Thomas F. Parker, Montgomery, Ala., for Horace Mann Mutual Ins. Co.

H. Gerald Reynolds, Alexander City, Ala., for Clinton L. Thomas, defendant.


PITTMAN, District Judge.

The Fidelity and Casualty Company of New York, Inc., (hereinafter referred to as F. & C.) filed this suit seeking a declaratory judgment in their favor of non-liability and no coverage of the defendant, Clinton L. Thomas, for his liability for damages arising out of an automobile accident on, to wit, January 1, 1969, wherein the other named defendants subsequently filed suits against Thomas, seeking damages arising from the accident. Judgments...

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