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HOME INDEM. CO. v. CITY OF MOBILE

No. 83-7664.

749 F.2d 659 (1984)

HOME INDEMNITY COMPANY, Plaintiff-Appellant, v. CITY OF MOBILE, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 26, 1984.

Attorney(s) appearing for the Case

A. Danner Frazer, Jr., Mobile, Ala., Eugene D. Martenson, Rebecca L. Shows, Birmingham, Ala., for plaintiff-appellant.

G.B. McAtee, Mobile, Ala., for Barrett, Dumas, Whitehead, Watt & Tuberville.

Theodore L. Hall, Mobile, Ala., for William M. Coker.

William H. Brigham, Mobile, Ala., for City of Mobile.

Russell S. Terry, Mobile, Ala., for Richard L. and Marion S. Frank, M.W. Frank, Brown & Brown, Inc., and Brownfield Inv. Corp., Inc.

Before HILL and HENDERSON, Circuit Judges and WISDOM, Senior Circuit Judge.

JAMES C. HILL, Circuit Judge:

The sole issue presented in this case is the meaning of the term "occurrence" as used in a comprehensive, general liability insurance policy issued by plaintiff/appellant Home Indemnity Company (Home) to the defendant/appellee City of Mobile (City).

This case arose as a result of over 200 lawsuits filed against the City of Mobile after major rains on April 13, 1980, May 16-17, 1980 and May 5-6, 1981. During and following these...

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