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AMERICAN RESOURCES INS. v. H & H STEPHENS CONSTRUCTION, INC.

1040054.

939 So.2d 868 (2006)

AMERICAN RESOURCES INSURANCE COMPANY v. H & H STEPHENS CONSTRUCTION, INC.

Supreme Court of Alabama.

March 24, 2006.

Attorney(s) appearing for the Case

Michael S. Jackson of Beers, Anderson, Jackson, Patty & Van Heest, P.C., Montgomery, for appellant.

K. Donald Simms and Benjamin J. Woolf of Austill, Lewis & Sims, P.C., Birmingham, for appellee.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Property Casualty Insurers Association of America, in support of the appellant.

Joe Espy III and J. Flynn Mozingo of Melton, Espy & Williams, P.C., Montgomery, for amici curiae Susanne E. Giganti, as personal representative of the estate of Garnet Michelle Garvin, and Matthew Phillips, in support of the appellee.

SMITH, Justice.

American Resources Insurance Company appeals from an order of the Bibb Circuit Court holding that American Resources was obligated to provide insurance coverage under an umbrella insurance policy American Resources issued to H & H Stephens Construction, Inc. We reverse the trial court's judgment and render a judgment in favor of American Resources.

Facts and Procedural History

On April 11, 2003, Kenneth Gilmore, an employee...

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