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AMERICAN MOTORISTS INS. v. SOUTHERN SEC. LIFE INS.

No. Civ.A. 98-C-960-N.

80 F.Supp.2d 1285 (2000)

AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff, v. SOUTHERN SECURITY LIFE INSURANCE COMPANY, Defendant/Counterclaim Plaintiff, v. American Motorists Insurance Company and United States Fidelity and Guaranty Company, Counterclaim Defendants.

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

January 6, 2000.

Attorney(s) appearing for the Case

H.E. Nix, Jr., Steven A. Higgins, Nix & Holtsford, Montgomery, AL, for American Motorists Insurance Company, plaintiff.

Don B. Long, Jr., Andrew D. Block, Johnston, Barton, Proctor & Powell, Birmingham, AL, for Southern Security Life Insurance Company, Sue Anne Gassett, defendants.

Gregory S. Ritchey, Ritchey & Ritchey, Birmingham, AL, for Christopher Bennett, Elois D. Bennett, defendants.

Elizabeth Ann McMahan, Spain & Gillon, Birmingham, AL, for United States Fidelity & Guaranty Company, counter-defendant.

MEMORANDUM OPINION AND ORDER

CARROLL, United States Magistrate Judge.

I. PROCEDURAL HISTORY AND FACTS

American Motorists Insurance Company filed a complaint for declaratory judgment on August 26, 1998 seeking a declaration that it owed neither a defense or indemnity to the defendants, Southern Security, Sue Ann Gassett, Christopher Bennett and Elois Bennett, in two lawsuits filed in the Circuit Court of Lowndes County, Alabama by Eva Mae Howard...

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