AUTO-OWNERS INSURANCE COMPANY v. TOXEY CONSTRUCTION COMPANY, INC.

Civil Action No. 2:11-cv-01192-JEO.

AUTO-OWNERS INSURANCE COMPANY, Plaintiff, v. TOXEY CONSTRUCTION COMPANY, INC., DANNY and DEBRA GRAHAM, Defendants.

United States District Court, N.D. Alabama, Southern Division.

May 23, 2012.


Attorney(s) appearing for the Case

Auto-Owners Insurance Company, Plaintiff, represented by Christopher L McIlwain , HUBBARD WIGGINS McILWAIN & BRAKEFIELD PC.

Toxey Construction Co., Inc., Defendant, represented by H Arthur Edge, III , H ARTHUR EDGE III PC & Joseph H McClure, III , H ARTHUR EDGE III, PC.

Danny Graham, Defendant, represented by H Arthur Edge, III , H ARTHUR EDGE III PC & Joseph H McClure, III , H ARTHUR EDGE III, PC.

Debra Graham, Defendant, represented by H Arthur Edge, III , H ARTHUR EDGE III PC & Joseph H McClure, III , H ARTHUR EDGE III, PC.

Danny Graham, Counter Claimant, represented by H Arthur Edge, III , H ARTHUR EDGE III PC & Joseph H McClure, III , H ARTHUR EDGE III, PC.

Toxey Construction Co., Inc., Counter Claimant, represented by H Arthur Edge, III , H ARTHUR EDGE III PC & Joseph H McClure, III , H ARTHUR EDGE III, PC.

Debra Graham, Counter Claimant, represented by H Arthur Edge, III , H ARTHUR EDGE III PC & Joseph H McClure, III , H ARTHUR EDGE III, PC.

Auto-Owners Insurance Company, Counter Defendant, represented by Christopher L McIlwain , HUBBARD WIGGINS McILWAIN & BRAKEFIELD PC.


MEMORANDUM OPINION

JOHN E. OTT, Magistrate Judge.

This is a declaratory judgment action in which plaintiff Auto-Owners Insurance Company seeks a determination of the rights of the parties and a declaration that it owes no duty to indemnify defendant Toxey Construction Company, Inc., in an underlying state action. (Doc. 1). The action is currently before the court on a motion for summary judgment by Auto-Owners. (Doc. 29).

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