LEONARD v. NATIONWIDE MUT. INS. CO.

No. CIV.A. 1:05CV475 LTS-RHW.

438 F.Supp.2d 684 (2006)

Paul LEONARD and Julie Leonard, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, S.D. Mississippi, Southern Division.

August 15, 2006.


Attorney(s) appearing for the Case

David Zach Scruggs, David W. Shelton, The Scruggs Law Firm, PA, Oxford, MS, Derek A. Wyatt, Don John W. Barrett, Barrett Law Offices, Lexington, MS, James W. Backstrom, Denham, Backstrom & Hollingsworth, Ltd., Ocean Springs, MS, John G. Jones, Jones, Funderburg, Sessums, Peterson & Lee, Jackson, MS, Richard F. Scruggs, Sidney A. Backstrom, The Scruggs Law Firm, PA, for Oxford, MS, Steven H. Funderburg, Jones, Funderburg & Sessums, Jackson, MS, Dewitt M. Lovelace, Lovelace Law Firm, PA, Destin, FL, Marshall H. Smith, Jr., Barrett Law Offices, Lexington, MS, for Paul Leonard, Julie Leonard.

Christian D.H. Schultz—PHV, Daniel F. Attridge—PHV, Kirkland & Ellis—Washington, Washington, DC, H. Mitchell Cowan, Watkins Ludlam Winter & Stennis, PA, Jackson, MS, John C. O'Quinn—PHV, Thomas A. Clare—PHV, Kirkland & Ellis—Washington, Washington, DC, Laura Limerick Gibbes, Watkins Ludlam Winter & Stennis, PA, Jackson, MS, for Nationwide Mut. Ins. Co.

H. Mitchell Cowan, Watkins Ludlam Winter & Stennis, PA, Jackson, MS, John C. O'Quinn—PHV, Thomas A. Clare—PHV, Kirkland & Ellis—Washington, Washington, DC, Laura Limerick Gibbes, Watkins Ludlam Winter & Stennis, PA, Jackson, MS, for Jay Fletcher Ins.


MEMORANDUM OPINION

SENTER, Senior District Judge.

This cause came on for trial by the court, sitting without a jury. Having heard the evidence presented by the parties and having considered the arguments of counsel, I make the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. Plaintiffs Paul and Julie Leonard (the Leonards) reside at 1010 Washington Avenue, Pascagoula, Mississippi.

2. Defendant Nationwide...

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