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DRC, INC. v. GREAT AMERICAN INS. COMPANIES

1031495.

901 So.2d 710 (2004)

DRC, INC. v. GREAT AMERICAN INSURANCE COMPANIES.

Supreme Court of Alabama.

November 19, 2004.

Attorney(s) appearing for the Case

Clifford C. (Kip) Sharpe, Mobile, for appellant.

Joseph C. Sullivan, Jr., and Brian Thomas Pugh of Hamilton, Butler, Riddick, Tarlton & Sullivan, P.C., Mobile, for appellee.

WOODALL, Justice.

DRC, Inc., appeals from an order dismissing its complaint against Great American Insurance Companies for failure to state a claim. We reverse and remand.

On August 5, 2003, DRC sued Great American and Hertz Equipment Rental Corporation ("Hertz"). DRC's complaint as last amended stated in toto:

"COUNT ONE "1. On or about May 7, 2001, [Hertz] generated a Rental Agreement for a Case 850 bulldozer in the name of DRC...

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