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AMERICAN STATES INS. CO. v. MARTIN

1931470.

662 So.2d 245 (1995)

AMERICAN STATES INSURANCE COMPANY, an Indiana Corporation v. Donald M. MARTIN, individually and d/b/a American Homes Realty, et al.

Supreme Court of Alabama.

May 19, 1995.

Attorney(s) appearing for the Case

James R. Shaw and William G. Gantt of Huie, Fernambucq & Stewart, Birmingham, for plaintiff American States Ins. Co.

William G. McKnight, Montgomery, for defendant.

SHORES, Justice.

United States District Judge Truman Hobbs has certified to this Court these questions, pursuant to Rule 18, Ala.R.App.P:

"[1] Under the applicable policies of American States [Insurance Company], does it have a duty to defend the action brought by the Bergers in the Circuit Court of Montgomery County, Alabama, and, if so, does it have a duty to indemnify if the wrongful conduct of Martin was innocent, reckless, negligent, or wanton...

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