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EARWOOD v. EVANSTON INS. CO.

CIVIL ACTION FILE NO. 1:16-CV-2625-SCJ, CIVIL ACTION FILE NO. 1:15-CV-4433-SCJ.

234 F.Supp.3d 1278 (2017)

David EARWOOD, as Assignee of RB Motors, LLC, d/b/a R2B2 Motors, Plaintiff, v. EVANSTON INSURANCE CO., as successor by Merger with Essex Insurance Co., Defendant. Evanston Insurance Co., as successor by merger with Essex Insurance Co., Plaintiff, v. RB Motors, LLC, d/b/a/ R2B2 Motors, R2B2 Motorsports, LLC; Bobby Kevin Mutters, and David Earwood, individually and as Personal Representative of the Estate of Christine Earwood, Defendants.

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

Signed February 1, 2017.

Attorney(s) appearing for the Case

Lewis Andrew Watson , Butler Weihmuller Katz Craig, LLP, Charlotte, NC, R. Steven Rawls , Ryan K. Hilton , Butler Pappas Weihmuller Katz Craig, LLP, Joseph C. Gebara , Fields Howell LLP, William Maxwell Compton , Morgan & Morgan, PLLC, Atlanta, GA, for Plaintiff.

Kenneth James Bentley , Donald L. Swift, III , Andersen, Tate & Carr, P.C., Duluth, GA, Jeffrey B. Hicks , Jeffrey B. Hicks, P.C., Lawrenceville, GA, Daniel Colin Beer , Alan J. Hamilton , Shiver Hamilton, LLC, Atlanta, GA, for Defendants.

ORDER

In this insurance coverage dispute, Evanston Insurance Co. seeks a declaration that it owes Defendant David Earwood no duty to defend or indemnify for claims arising from the death of his wife, Christine Earwood. Both sides have cross-moved for summary...

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