WERNER ENTERPRISES, INC. v. MARKEL AMERICAN INS.

No. 1:04 CV 1718 TCB.

448 F.Supp.2d 1375 (2006)

WERNER ENTERPRISES, INC., Plaintiff, v. MARKEL AMERICAN INSURANCE COMPANY and INVESTORS UNDERWRITING MANAGERS, INC., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

September 15, 2006.


Attorney(s) appearing for the Case

David H. Pope, Carr Tabb & Pope, Atlanta, GA, Dennis J. Artese, John B. Berringer, Anderson Kill & Olick, New York, NY, for Plaintiff.

Corliss Lawson, Michael A. Hession, Paul T. Kim, Lord Bissell & Brook, Thomas J. Strueber, McKenna, Long & Aldridge, Atlanta, GA, for Defendants.


ORDER

BATTEN, District Judge.

I. Background

This case involves a dispute between an insurer and its insured over the enforceability of an alleged agreement by the insurer to provide a policy of insurance for three years at a fixed annual rate.

The insured is Plaintiff Werner Enterprises, Inc., a commercial trucking company.

The insurer is Defendant Markel American...

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