Progressive Specialty Insurance Company v. Mims et al
OPINION. Signed by Honorable Judge Myron H. Thompson on 5/24/2012. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
DAZIA M. FUMBAH,
LARRY DWAYNE MIMS,
CIVIL ACTION NO.
Plaintiff Progressive Specialty Insurance Company
filed this lawsuit against defendants Larry Dwayne Mims,
Enterprises, Inc., seeking a declaration as follows with
regard to a state lawsuit: that Progressive has no duty
to provide liability insurance coverage under the terms
of a policy issued to Mims; and that Progressive has no
duty to provide a defense to Mims or Traylor and no duty
to indemnify them for any lawsuits arising out of the
accidents at issue.
This lawsuit is now before the court
Progressive’s declaratory-judgment request against Fumbah
Fumbah has filed a request for judgment,
which the court is treating as an objection to the
After an independent and de novo review
of the record, the court concludes that the Fumbah’s
objection should be overruled and
the magistrate judge’s
Fumbah’s crossclaims against Mims are still pending.)
An appropriate judgment will be entered.
DONE, this the 24th day of May, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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