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TOWN & COUNTRY PROPERTY v. AMERISURE INS.

1100009 and 1100072.

111 So.3d 699 (2011)

TOWN & COUNTRY PROPERTY, L.L.C., and Town & Country Ford, L.L.C. v. AMERISURE INSURANCE COMPANY et al. Town & Country Property, L.L.C., and Town & Country Ford, L.L.C. v. Amerisure Insurance Company et al.

Supreme Court of Alabama.

Opinion on Application for Rehearing Following Opinion on Return to Remand November 2, 2012.

Attorney(s) appearing for the Case

W. Scott Simpson , Howard K. Glick , and Hunter C. Sartin of Simpson, McMahan, Glick & Burford, PLLC, Birmingham, for appellants.

Kile T. Turner and William H. McKenzie IV of Norman, Wood, Kendrick & Turner, Birmingham, for appellees Amerisure Insurance Company and Amerisure Mutual Insurance Company.

James Jerry Wood , Home Builders Association of Alabama, Montgomery, for amici curiae National Association of Home Builders Association of Alabama, in support of the appellants.

William P. Gary and William P. Gray, Jr. , of Gray & Associates, L.L.P., Birmingham; and Shaun McParland Baldwin , Donald E. Elder , and Abraham Sandoval of Tressler LLP, Chicago, Illinois, for amici curiae Property Casualty Insurers Association of America, in support of the appellees.

J. Lister Hubbard and Richard H. Allen of Capell & Howard, P. C., Montgomery, for amici curiae Alabama Associated General Contractors, Inc., in support of the appellants' application for rehearing.

STUART, Justice.

Town & Country Property, L.L.C., and Town & Country Ford, L.L.C. (hereinafter collectively referred to as "T & C"), sued Amerisure Insurance Company and Amerisure Mutual Insurance Company (hereinafter collectively referred to as "Amerisure") and Amerisure's insured, Jones-Williams Construction Company, Inc.,1 in the Jefferson Circuit Court pursuant to Alabama's direct-action statute, § 27-23-2, Ala.Code...

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