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CINCINNATI INS. COS. v. BARBER INSULATION

1050485.

946 So.2d 441 (2006)

CINCINNATI INSURANCE COMPANIES, as subrogee of Sarah Fain and James Clyde Fain, Jr. v. BARBER INSULATION, INC., and Framco,

Supreme Court of Alabama.

June 9, 2006.

Attorney(s) appearing for the Case

John D. Richardson, Mark E. Spear, and John M. Teague of Richardson, Spear, Spear & Hamby, P.C., Mobile, for appellant.

William R. Chandler and Richard D. Anderson, Montgomery, for appellee Barber Insulation, Inc.

William Larkin Radney III of Barnes & Radney, P.C., Alexander City, for appellee Framco.

WOODALL, Justice.

Cincinnati Insurance Companies ("CIC"), as subrogee of Sarah Fain and James Clyde Fain, Jr., appeals from a summary judgment in favor of defendant Barber Insulation, Inc. ("Barber"); the trial court's order also enforced a settlement agreement allegedly entered into by CIC and Framco. We affirm in part, reverse in part, and remand.

I. Factual Background

This dispute arose out of a construction contract between the Fains and...

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