Auto-Owners Insurance Company v. Harrison et al

Filing 79

DECLARATORY JUDGMENT in favor of Auto-Owners Insurance Company & against Crowley Cattle Company, Inc., Foundation Farms, LLC, Gulf Farms, LLC, Gulf Hauling & Construction, Inc., Billy Frye, Delores Frye, Henry Lee Cole, Jeff Browne, Jeff Frye, Laird Cole, Lamar Allen Harrison, Lamar Harrison d/b/a Gulf Dairy Farm, Tracy Frye as set out. Signed by Judge Callie V. S. Granade on 3/21/2013. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
AUTO-OWNERS INSURANCE
COMPANY,
Plaintiff,
vs.
LAMAR ALLEN HARRISON, et al.,
Defendants.

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) CIVIL ACTION NO. 12-096-CG-N
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DECLARATORY JUDGMENT
In accordance with the court’s order entered this date, granting plaintiff’s
motion for summary judgment, it is hereby ORDERED, ADJUDGED, and
DECREED that judgment is entered in favor of plaintiff, Auto-Owners
Insurance Company, and against Lamar Allen Harrison, Lamar Harrison d/b/a/ Gulf
Dairy Farm, Gulf Farms, LLC, Gulf Hauling & Construction, Inc., Laird Cole, Henry Lee
Cole, Foundation Farms, LLC, Crowley Cattle Company, Inc., Jeff Browne, Billy Frye,
Jeff Frye, Tracy Frye, and Delores Frye, and it is hereby DECLARED as follows:
1) That Plaintiff Auto-Owners Insurance Company does not owe
insurance coverage, a defense or indemnity to Defendant Lamar Allen
Harrison, individually or doing business as Gulf Dairy Farm; Gulf
Farms, LLC; and/or Gulf Hauling & Construction, Inc., under any
coverage in any insurance policy issued by Auto-Owners Insurance
Company to Lamar Harrison d/b/a Gulf Dairy Farm or to Gulf Hauling
& Construction, Inc. for any of the claims or damages asserted or
claimed in the cases styled Laird Cole, Henry Lee Cole, and
Foundation Farms, LLC v. Lamar Allen Harrison, Gulf Farms, LLC,
Gulf Hauling & Construction, Inc., CV-2009-000214 in the Circuit
Court of Dallas County, Alabama, and Crowley Cattle Company, Inc.,
Jeff Browne and Billy Frye v. Laird Cole, Foundation Farms, LLC and
Henry Lee Cole, Civil Action No.: 2010-000055 in the Circuit Court of
Hale County, Alabama.
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2) That Plaintiff Auto-Owners Insurance Company does not have a
duty to defend Defendant Lamar Allen Harrison, individually or doing
business as Gulf Dairy Farm; Gulf Farms, LLC; and/or Gulf Hauling &
Construction, Inc., and that Plaintiff Auto-Owners Insurance Company
does not have a duty to indemnify or to pay any damages, judgment or
settlement in the cases styled Crowley Cattle Company, Inc., Jeff
Browne and Billy Frye v. Laird Cole, Foundation Farms, LLC and
Henry Lee Cole, Civil Action No.: 2010-000055 in the Circuit Court of
Hale County, Alabama, and Laird Cole, Henry Lee Cole , and
Foundation Farms, LLC v. Lamar Allen Harrison, Gulf Farms, LLC,
Gulf Hauling & Construction, Inc., CV-2009-000214 in the Circuit
Court of Dallas County, Alabama.
DONE and ORDERED this 21st day of March, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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