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McKINNEY v. NATIONWIDE MUT. FIRE INS. CO.

1071506.

33 So.3d 1203 (2009)

James McKINNEY v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY.

Supreme Court of Alabama.

September 30, 2009.

Attorney(s) appearing for the Case

Michael K. Beard and Thomas M. Powell of Marsh, Rickard & Bryan, P.C., Birmingham, for appellant.

Kori L. Clement of Hare, Clement & Duck, P.C., Birmingham, for appellee.

MURDOCK, Justice.

James McKinney appeals from an order of the Tuscaloosa Circuit Court entering a summary judgment in favor of Nationwide Mutual Fire Insurance Company ("Nationwide") on McKinney's complaint seeking underinsured-motorist benefits. We reverse the judgment of the trial court.

I. Facts and Procedural History

McKinney's vehicle was involved in a collision with a vehicle driven by John Elwin Jackson in the City of Tuscaloosa. Subsequently...

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