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FIRST MERCURY SYNDICATE v. FRANKLIN COUNTY

1911638.

623 So.2d 1075 (1993)

FIRST MERCURY SYNDICATE, INC. v. FRANKLIN COUNTY, et al.

Supreme Court of Alabama.

June 25, 1993.

Attorney(s) appearing for the Case

A. Stewart O'Bannon, Jr. of O'Bannon & O'Bannon, Florence, for appellant.

Eddie Beason of Fine & McDowell, Russellville, for Franklin County, Franklin County Com'n, and Larry Plott, sheriff of Franklin County, Ala.

Steve A. Baccus of Almon, McAlister, Ashe, Baccus & Tanner, Tuscumbia, and Jeffrey R. Gaither and Anthony J. Roose of Klineman, Rose, Wolf and Wallack, P.C., Indianapolis, IN, for Star Pool.

ALMON, Justice.

First Mercury Syndicate, Inc. ("FMS"), appeals from a judgment declaring that FMS owed a duty to defend and/or indemnify its insureds—Franklin County, the Franklin County Commission, and Larry Plott, the sheriff of Franklin County—against the wrongful death claim asserted by Willa Thomson, the administratrix of the estate of the deceased, Harold McCarley. The issue is whether the language in the insurance policy excluded Thomson's claim...

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