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CALDWELL FREIGHT v. LUMBERMENS MUT. CAS.

No. 2006-CA-00088-SCT.

947 So.2d 948 (2007)

CALDWELL FREIGHT LINES, INC. v. LUMBERMENS MUTUAL CASUALTY COMPANY, INC.

Supreme Court of Mississippi.

February 1, 2007.

Attorney(s) appearing for the Case

Donna Powe Green, Hattiesburg, attorney for appellant.

Dorrance D. Aultman, Jr., Hattiesburg, attorney for appellee.

EN BANC.

DICKINSON, Justice, for the Court.

¶ 1. Jared M. Harvey filed suit against Caldwell Freight Lines ("Caldwell") to recover damages he claims resulted from an accident involving one of Caldwell's trucks. Caldwell's primary liability insurer, Legion Insurance Company ("Legion"), became insolvent, causing Caldwell to turn to its Commercial Catastrophe Liability Policy ("Catastrophe Policy") written by Lumbermens Mutual Casualty Company ("LMCC") to fill the gap in...

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