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ACCEPTANCE INS. CO. v. SCHAFNER

No. CV86-L-1287-S.

651 F.Supp. 776 (1986)

ACCEPTANCE INSURANCE COMPANY, a corp., Plaintiff, v. Jerry SCHAFNER, and Jerry Schafner, d/b/a Cloverleaf Auto Center; Alice Frazier, Defendants.

United States District Court, N.D. Alabama, S.D.

December 16, 1986.

Attorney(s) appearing for the Case

Ezra B. Perry, Jr., Dominick, Fletcher, Yeilding, Wood & Lloyd, Birmingham, Ala., for plaintiff, Acceptance Insurance Co.

Michael G. Trucks, Fairfield, Ala., for defendant Jerry Schafner.

Charlie D. Waldrep, Gorham, Waldrep, Stewart & Kendrick, Birmingham, Ala., for defendant Alice Frazier.

MEMORANDUM OF OPINION

LYNNE, Senior District Judge.

Plaintiff, Acceptance Insurance Company ("Acceptance"), seeks a declaratory judgment determining its rights, duties, and liabilities under an insurance policy issued to defendant, Jerry Schafner. On plaintiff's motion for summary judgment, the Court finds that defendant Schafner's failure to comply with the policy's notice provision relieves Acceptance of its duty to defend, of its duty to provide coverage...

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