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CINCINNATI INS. COMPANIES v. COLLIER LANDHOLDINGS

Civ. No. 08-5099.

614 F.Supp.2d 960 (2009)

The CINCINNATI INSURANCE COMPANIES, Plaintiff, v. COLLIER LANDHOLDINGS, LLC; Collier Drug Stores, Inc.; Benchmark Construction Company of NWA, Inc., f/k/a John P. Marinoni Construction Company; Steven Smith; and Herb Crumpton, d/b/a Herb Crumpton & Associates, Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

April 16, 2009.

Attorney(s) appearing for the Case

Cynthia W. Kolb, Scott Michael Strauss, Barber, McCaskill, Jones & Hale, P.A., Little Rock, AR, for Plaintiff.

Roger Christopher Lawson, Seth M. Haines, Friday, Eldredge & Clark, LLP, David Westbrook Doss, Jr., Kyle T. Unser, Richard E. Walden, Doss Law Firm, PA, Fayetteville, AR, for David M. Powell, Williams & Anderson LLP, Little Rock, AR, for Defendants.

MEMORANDUM OPINION

ROBERT T. DAWSON, District Judge.

On April 29, 2008, The Cincinnati Insurance Companies ("Cincinnati") filed this action seeking declaration that it has no duty to defend or indemnify Benchmark Construction Company of NWA, Inc. and Steven Smith ("Benchmark") in the underlying Arkansas state-court case of Collier Landholdings, LLC, et al. v. Benchmark Construction of NWA, Inc. et al., no. CV-07-2010-4, pending in the Circuit...

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