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FEDERATED MUT. INS. CO. v. ABSTON PETROLEUM, INC.

No. 1051589.

967 So.2d 705 (2007)

FEDERATED MUTUAL INSURANCE COMPANY v. ABSTON PETROLEUM, INC., et al.

Supreme Court of Alabama.

April 13, 2007.

Attorney(s) appearing for the Case

Jeff Friedman, P. Thomas Dazzio, Jr., H. Spence Morano, and Lee T. Patterson of Friedman, Leak, Dazzio, Zulanas & Bowling, P.C., Birmingham, for appellant.

J. Patrick Courtney III, Mobile, for appellees Victor Schill and Cynthia Schill.

Halron W. Turner of Turner, Onderdonk, Kimbrough & Howell, Chatom, for appellees Abston Petroleum, Inc., and Eddie Abston.

Vernon L. Wells II of Walston, Wells & Birchall, LLP, Birmingham, for amicus curiae Complex Insurance Claims Litigation Association, in support of the appellant.

LYONS, Justice.

Federated Mutual Insurance Company appeals from a judgment of the Choctaw Circuit Court in favor of Abston Petroleum, Inc., Eddie Abston, Victor Schill, and Cynthia Schill. We reverse and remand.

I. Factual Background and Procedural History

Victor Schill and Cynthia Schill owned a hardware and grocery store in Silas. The Schills sold gasoline from pumps located in front of the store pursuant to a consignment agreement with...

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