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FEDERAL INS. CO. v. TRAVEL CAS. AND SUR.

1010895.

843 So.2d 140 (2002)

FEDERAL INSURANCE COMPANY and Pearce Construction Company, Inc. v. TRAVELERS CASUALTY AND SURETY COMPANY et al.

Supreme Court of Alabama.

August 30, 2002.

Attorney(s) appearing for the Case

Robert M. Girardeau of Huie, Fernambucq & Stewart, Birmingham, for plaintiffs.

Carol Ann Smith and Susan C. Haygood of Smith & Ely, L.L.P., Birmingham; and William J. Baxley and Joel E. Dillard of Baxley, Dillard, Dauphin & McKnight, Birmingham, for defendants.

HOUSTON, Justice.

This case is before this Court on two certified questions from the United States Court of Appeals for the Eleventh Circuit. As modified by this Court,1 those questions are:

1) Whether, absent any specific contractual duty, a primary insurance carrier owes a duty of good faith in each, or all, of the following duties to an excess carrier in its conduct of the defense of an insured who is insured by both: duty...

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