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CINCINNATI INS. v. LEE ANESTHESIA

1930019.

641 So.2d 247 (1994)

CINCINNATI INSURANCE COMPANY v. LEE ANESTHESIA, P.C., et al.

Supreme Court of Alabama.

Rehearing Denied April 29, 1994.

Attorney(s) appearing for the Case

Mike Brock and N. Wayne Simms, Jr. of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellant.

W.F. Horsley of Samford, Denson, Horsley, Pettey and Martin, Opelika, for appellee Lee Anesthesia, P.C.

G. William Gill of McPhillips, Shinbaum & Gill, Montgomery, for appellee Dr. Donald A. Perry.

INGRAM, Justice.

Cincinnati Insurance Company ("Cincinnati") sought a judgment declaring that it had no obligation to cover certain of its insureds in an underlying legal action. The trial court held that Cincinnati was required to defend its insured in the underlying action. Specifically, the trial court held that the claim made by the plaintiff in the underlying action against Cincinnati's insureds did not arise out of and in the course of his employment and therefore...

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