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TWIN CITY FIRE INS. CO. v. OHIO CAS. INS. CO.

No. 05-16456.

480 F.3d 1254 (2007)

TWIN CITY FIRE INSURANCE COMPANY, INC., Alabama River Pulp Company, Inc., Hartford Casualty Insurance Company, Plaintiffs-Appellants, v. OHIO CASUALTY INSURANCE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 16, 2007.

Attorney(s) appearing for the Case

William W. Watts, Mobile, AL, for Plaintiffs-Appellants.

Jon M. Hughes, James A. Kee, Jr., Kee & Selby, LLP, Birmingham, AL, for Defendants-Appellees.

Before ANDERSON and DUBINA, Circuit Judges, and VINSON, District Judge.

ANDERSON, Circuit Judge:

This is a diversity insurance coverage dispute governed by Alabama law. The district court granted summary judgment to the appellee, finding that a no-action clause in the policy bars coverage. We reverse and remand to the district court for further proceedings.

I. FACTS

The facts are undisputed. G.A. West & Co. ("West") agreed to supply labor to appellant Alabama River Pulp Co. ("ARP"). The contract between West and...

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