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ALFA MUT. INS. CO. v. CITY OF MOBILE

1051747.

981 So.2d 371 (2007)

ALFA MUTUAL INSURANCE COMPANY, Alfa Mutual General Insurance Company, and Alfa Mutual Fire Insurance Company v. CITY OF MOBILE and the City of Mobile, Alabama, Police and Firefighters Retirement Plan.

Supreme Court of Alabama.

As Modified on Denial of Rehearing September 28, 2007.

Attorney(s) appearing for the Case

Frederick G. Helmsing and Patrick C. Finnegan of Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile, for appellants.

D. Charles Holtz of Bowron, Latta & Wasden, P.C., Mobile; and Wanda J. Cochran, Mobile, for appellees.

Timothy H. Nunnally, sr. assoc. city atty., Tuscaloosa, for amicus curiae City of Tuscaloosa, in support of the appellees' application for rehearing.

K. Claudia Anderson, asst. city atty., Huntsville, for amicus curiae City of Huntsville, in support of the appellees' application for rehearing.

Lorelei A. Lein, deputy gen. counsel, Alabama League of Municipalities, Montgomery, for amicus curiae Alabama League of Municipalities, in support of the appellees' application for rehearing.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amicus curiae Property Casualty Insurers Association of America in opposition to the appellees' application for rehearing.

STUART, Justice.

The City of Mobile ("the City") and the City of Mobile, Alabama, Police and Firefighters Retirement Plan ("the Retirement Plan") sued Alfa Mutual Insurance Company ("AMIC"), Alfa Mutual General Insurance Company ("AMGIC"), and Alfa Mutual Fire Insurance Company ("AMFIC") (collectively referred to as the "Alfa companies") in the Mobile Circuit Court, alleging that the Alfa companies failed to pay certain...

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