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UNITED STATES FIRE INSURANCE CO. v. McCORMICK

6 Div. 481.

243 So.2d 367 (1970)

UNITED STATES FIRE INSURANCE COMPANY, a Corporation v. J. I. McCORMICK et al.

Supreme Court of Alabama.

December 23, 1970.

Attorney(s) appearing for the Case

T. Eugene Burts, Florence, for appellant.

A. W. Jones, Victor H. Smith, Birmingham, Howell T. Heflin, Charles D. Rosser, guardians ad litem, Tuscumbia, for appellees.

MERRILL, Justice.

This appeal in a declaratory judgment proceeding is from a decree requiring appellant insurer to defend certain suits filed against named or additional insureds in a comprehensive general liability policy.

This case presents a question of first impression in Alabama. The first question may be stated thusly:

Can an injured employee, or his dependents in the case of death, proceed under Tit. 26, § 312, Code 1940, as amended, against...

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