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ST. PAUL FIRE & MARINE INS. CO. v. ELLIOTT

87-1377.

545 So.2d 760 (1989)

ST. PAUL FIRE AND MARINE INSURANCE CO. v. Clarence ELLIOTT, Sr., et al.

Supreme Court of Alabama.

May 5, 1989.

Attorney(s) appearing for the Case

John A. Owens of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, for appellant.

R. Ben Hogan III and Mark L. Rowe of Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, for appellees.

SHORES, Justice.

St. Paul Fire and Marine Insurance Co. ("St. Paul") filed a complaint seeking a declaration regarding its duty to defend and indemnify Clarence Elliott in two lawsuits arising out of an automobile accident involving a taxicab owned and operated by Elliott. The trial court held that St. Paul did owe a duty to defend and indemnify Elliott, notwithstanding St. Paul's attempt to cancel the insurance policy issued...

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