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SOUTHERN FOOD. MGMT. v. AMER. FID. ASSUR.

1011570.

850 So.2d 316 (2002)

SOUTHERN FOODSERVICE MANAGEMENT, INC. v. AMERICAN FIDELITY ASSURANCE COMPANY and Insurance Mass Marketing Systems, Inc.

Supreme Court of Alabama.

Rehearing Denied December 20, 2002.

Attorney(s) appearing for the Case

Clarence L. McDorman, Birmingham, for appellant.

John M. Bolton III of Sasser, Littleton & Stidham, P.C., Montgomery, for appellee American Fidelity Assurance Company.

Jeffrey M. Anderson and Scott Burnett Smith of Bradley Arant Rose & White, LLP, Birmingham; and Philip H. Butler of Bradley Arant Rose & White, LLP, Montgomery, for appellee Insurance Mass Marketing Systems, Inc.

HOUSTON, Justice.

This is an appeal from an order of the Jefferson Circuit Court granting the defendants' motion to compel arbitration. Southern Foodservice Management, Inc. ("Foodservice"), filed an action against Insurance Mass Marketing Systems, Inc. ("IMMS"), and American Fidelity Assurance Company ("American Fidelity"), alleging fraud, suppression, bad-faith failure to pay a claim, and breach of contract. IMMS and American Fidelity filed a motion to compel arbitration...

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