EMPLOYERS MUT. CAS. CO. v. EVANS

No. CV-99-PT-2225-E.

76 F.Supp.2d 1257 (1999)

EMPLOYERS MUTUAL CASUALTY COMPANY, Plaintiff, v. Lane EVANS, et al., Defendants.

United States District Court, N.D. Alabama, Eastern Division.

November 24, 1999.


Attorney(s) appearing for the Case

James A. Kee, Jr., Mark M. Hogewood, Wallace Jordon Ratcliff & Brandt, Birmingham, AL, for Employers Mut. Cas. Co.

Perry G. Shuttlesworth, Jr., Birmingham, AL, for Lane Evans.

J. Chris Cochran, Pittman Hooks Dutton & Hollis, Birmingham, AL, for Robert Deaton.


MEMORANDUM OPINION AND ORDER

PROPST, Senior District Judge.

This cause comes to be heard on defendant Lane Evans's Motion to Dismiss filed October 13, 1999.

BACKGROUND

In the present action, plaintiff Employers Mutual Casualty Company ("plaintiff" or "EMCC") seeks to have this court declare that it has no duty to defend or to indemnify the defendant, Lane Evans ("Evans") under an EMCC policy for claims asserted against him in an underlying...

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