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06-803 - W.G. Yates & Sons Construction Company v. Zurich American Insurance Company


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06-803 - W.G. Yates & Sons Construction Company v. Zurich American Insurance Company
January 8, 2008
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ORDER DENYING the defendant's 39 Motion for Summary Judgment; GRANTING IN PART the plaintiff's 51 Motion for Summary Judgment with respect to the duty to defend claim; DENYING 61 Motion to Strike. Plaintiff's claims for declaratory judgment on the question of defendant's duty to indemnify it in the underlying action are DISMISSED WITHOUT PREJUDICE as premature. It is hereby declared that dft Zurich American Insurance Co. owes a duty to defend pla. W.G. Yates & Sons Construction Co. in the litigation pending in the Circuit Court of Baldwin County, Alabama, as Case No. CV-06-255. It is further declared that dft is obligated to reimburse pla. the reasonable costs & attorney's fees incurred by pla. in defending that state court litigation to date. Signed by Judge William H. Steele on 1/8/08. (tgw)