AUTO-OWNERS INS. CO. v. TOOLE

Civil Action No. 95-T-1153-S.

947 F.Supp. 1557 (1996)

AUTO-OWNERS INSURANCE COMPANY, etc., Plaintiff, v. Danny TOOLE, etc., et al., Defendants.

United States District Court, M.D. Alabama, Southern Division.

November 27, 1996.


Attorney(s) appearing for the Case

William C. Carn, III, Lee & McInish, Dothan, AL, for Auto-Owners Insurance Company.

Gary L. Weaver, Powell, Peek & Weaver, Andalusia, AL, for Danny Toole.

J.E. Sawyer, Jr., Enterprise, AL, for Sherry Lawson, Jimmy R. Parnell, Ruby M. Hill, Daniel Manrique, Glenda Manrique, Henry C. Jones, Kenneth A. Smith, Samuel L. Young, Mary Young, Michelle Smith, Sara Dale Jackson, Ruby C. Flowers, Rosalind S. Jackson, Dale McLaughlin, Jeannette McLaughlin, Bertha Johnson, Shelby Mims, Tammy Mims, Angela L. Deetion, Francia Morales, Wilbert K. Maschmeier, Lamar Asbel, Carla Asbel, Brenda Guilford, Freddie Austin, Daniel Smith, Clarence L. Chaplin, Polly A. Chaplin.


MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

Pursuant to the Declaratory Judgment Act, 28 U.S.C.A. § 2201, plaintiff Auto-Owners Insurance Company filed this action against defendant Danny Toole, d/b/a Rucker Auto Sales, seeking a declaration that it has no duty, under a commercial and garage liability insurance policy, to defend or indemnify Toole in an underlying state court action, Lawson v. Mercury Finance, Inc., civil action...

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