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STATE FARM FIRE AND CAS. CO. v. McGOWAN

No. 04-5823.

421 F.3d 433 (2005)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellant, v. James McGOWAN, individually and d/b/a JMAC Enterprises, and Lori L. Dutton, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2005.

Attorney(s) appearing for the Case

ARGUED: Kenneth S. Williams, Madewell, Jared, Halfacre & Williams, Cookeville, Tennessee, for Appellant. Mollie A. Martin, Duncan & Hatcher, Chattanooga, Tennessee, William R. Dearing, Chambliss, Bahner & Stophel, Chattanooga, Tennessee, for Appellees.

ON BRIEF: Kenneth S. Williams, James D. Madewell, Madewell, Jared, Halfacre & Williams, Cookeville, Tennessee, for Appellant. Mollie A. Martin, Duncan & Hatcher, Chattanooga, Tennessee, William R. Dearing, Chambliss, Bahner & Stophel, Chattanooga, Tennessee, for Appellees.

Before: BOGGS, Chief Judge; GILMAN, Circuit Judge; CLELAND, District Judge.

OPINION

GILMAN, Circuit Judge.

This action concerns the coverage provided by a property owner's insurance policy issued by State Farm Fire and Casualty Company to James McGowan, the former owner of an apartment building. State Farm filed a declaratory judgment action in federal court regarding its defense obligations to McGowan in a Tennessee state-court lawsuit filed by Lori L. Dutton. Dutton, who lived in one of the apartments with her four-year-old daughter...

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