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REHBURG v. CONSTITUTION STATES INS. CO.

88-234.

555 So.2d 79 (1989)

Judy REHBURG and Rehburg & Wallner, Inc. v. CONSTITUTION STATES INSURANCE COMPANY.

Supreme Court of Alabama.

June 30, 1989.

Attorney(s) appearing for the Case

Sam E. Loftin of Loftin & Loftin, Phenix City, for appellants.

James W. Garrett, Jr. of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee.

SHORES, Justice.

Judy Rehburg and Rehburg and Wallner, Inc. ("Insureds"), appeal from a summary judgment in favor of Constitution States Insurance Company ("Constitution States") declaring that Constitution States owed no duty to defend or indemnify the insureds in an underlying case (styled Phillips et al. v. Rehburg et al.).

The facts in this case are undisputed.

On March 6, 1986, 13-month-old Derrick Phillips, who was in the care and custody of...

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