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ALEA LONDON LTD. v. AMERICAN HOME SERVICES, INC.

Nos. 10-11644, 10-11645.

638 F.3d 768 (2011)

ALEA LONDON LIMITED, Plaintiff-Appellee, v. AMERICAN HOME SERVICES, INC., a.k.a. A.H.S., Inc., Defendant, A Fast Sign Company, Inc., d/b/a Fastsigns on behalf of That Certain Class Certified by the September 21, 2006 Order of the Fulton County, GA Superior Court in Case No. 2003-CV-77276, Defendant-Appellant. Alea London Limited, Plaintiff-Appellee, v. American Home Services, Inc., a.k.a. A.H.S., Inc., Defendant-Appellant, A Fast Sign Company, Inc., d.b.a. Fastsigns on behalf of That Certain Class Certified by the September 21, 2006 Order of the Fulton County, GA Superior Court in Case No. 2003-CV-77276 doing business as Fastsigns, Defendant.

United States Court of Appeals, Eleventh Circuit.

April 13, 2011.

Attorney(s) appearing for the Case

Michael Paul Bruyere, Paul L. Fields, Jr., Fields, Howell, Athans & McLaughlin, LLP, Atlanta, GA, for Alea London Ltd.

Roy E. Barnes, The Barnes Law Group, Marietta, GA, John Craig Cotton, Cotton Law Firm, PC, Cordele, GA, Marc Brian Hershovitz, Atlanta, GA, Michael Jablonski, Office of Michael Jablonski, Atlanta, GA, for A Fast Sign Co., Inc. and Am. Home Services, Inc.

Before HULL and BLACK, Circuit Judges, and HOWARD, District Judge.

HULL, Circuit Judge:

Plaintiff-Appellee Alea London Limited ("Alea" or "the insurer") filed this declaratory judgment action, alleging it had no duty to defend or indemnify its insured, defendant American Home Services, Inc. ("AHS" or "the insured"), in state court litigation brought by A Fast Sign Company, Inc. ("FastSigns"). In the state lawsuit, FastSigns sued the insured, AHS, for sending unsolicited faxes in violation...

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