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AMER. GEN. LIFE AND ACC. INS. v. UNDERWOOD

1020337.

886 So.2d 807 (2004)

AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY v. James T. UNDERWOOD.

Supreme Court of Alabama.

February 13, 2004.

Attorney(s) appearing for the Case

Lee E. Bains, Jr., Stephen C. Jackson, Michael D. Mulvaney, and Thomas J. Butler of Maynard, Cooper & Gale, P.C., Birmingham, for appellant.

R. Stephen Jackson, Birmingham; and Gary Bryce Holder of the Holder Law Firm, Birmingham, for appellee.

M. Christian King and Nikaa Baugh Jordan of Lightfoot, Franklin & White, L.L.C., Birmingham, for amicus curiae Life Insurers Council, in support of appellant.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Association of Alabama Life Insurance Companies, in support of the appellant.

Scott Burnett Smith of Bradley Arant Rose & White, LLP, Huntsville, for amicus curiae Business Council of Alabama, in support of the appellant.

F.A. Flowers III and Paul P. Bolus of Burr & Forman, LLP, Birmingham; Victoria E. Fimea, American Council of Life Insurers, Washington D.C.; and Evan M. Tager and Carl J. Summers of Mayer, Brown, Rowe & Maw, Washington, D.C., for amicus curiae American Council of Life Insurers, in support of the appellant.

JOHNSTONE, Justice.

This Court granted the defendant American General Life and Accident Insurance Company ("American General") permission under Rule 5, Ala. R.App. P., to appeal an interlocutory order denying it a summary judgment. We reverse the order denying American General a summary judgment and remand the case to the trial court with instructions.

"In reviewing a summary judgment, this Court must review the record in a light most favorable to the nonmovant...

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