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GALLUPS v. AETNA CAS. & SUR. CO.

No. CV80-H-1716-S.

513 F.Supp. 1074 (1981)

William M. GALLUPS et al., Plaintiffs, v. The AETNA CASUALTY & SURETY CO., Defendant and Third Party Plaintiff, v. Leroy DAVIS, Third Party Defendant.

United States District Court, N. D. Alabama, S. D.

May 20, 1981.

Attorney(s) appearing for the Case

Carlton T. Wynn, Hare, Wynn, Newell & Newton, Birmingham, Ala., George M. Van Tassel, Jr., Sadler, Sadler, Sullivan, Sharp & Stutts, Birmingham, Ala., for Aetna Cas. & Sur. Co.

O. William Adams, III, Birmingham, Ala., for Leroy Davis.

MEMORANDUM OF DECISION

HANCOCK, District Judge.

This cause came to be heard on April 3, 1981, at the regularly scheduled motion docket on the motion filed March 12, 1981, by defendant, The Aetna Casualty & Surety Co. (hereinafter referred to as Aetna), for partial summary judgment in its favor as to the amount of damages recoverable. The basis of this motion is Aetna's contention that the policy maximum of $20,000 per accident for uninsured motorist...

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