Employers Ins. Co. of Alabama, Inc. v. Jeff Gin Co.
Decision Date | 21 November 1979 |
Citation | 378 So.2d 693 |
Parties | EMPLOYERS INSURANCE COMPANY OF ALABAMA, INC. v. JEFF GIN COMPANY, a Cooperative Association, et al. 78-520. |
Court | Alabama Supreme Court |
William T. Mills, II of Dunn, Porterfield, Scholl & Clark, Birmingham, for appellant.
George A. Moore of Johnston, Johnston & Moore, Huntsville, for Jeff Gin Co., a Cooperative Assn., John W. Vandiver, individually and d/b/a Jeff Gin Co. EMBRY, Justice.
Employers Insurance Company of Alabama, Inc., brought this action seeking a declaratory judgment to determine its obligations to Jeff Gin Company, a cooperative association, under a policy of insurance it had issued to Jeff Gin. From the judgment declaring that Jeff Gin was entitled to coverage, and to be afforded a defense, Employers takes this appeal. We affirm.
Issue For Review
The parties agree the sole issue presented for review is whether the trial court committed reversible error in holding that Employers was required to defend, under its standard workmen's compensation and employer liability policy, an action based entirely on negligence filed in Texas by a former employee of Jeff Gin for an accidental injury arising out of and in the course of his employment in Alabama. We hold the trial court without error in finding Employers had a duty to defend Jeff Gin and therefore affirm.
The Facts
The parties stipulated before trial to the following concise statement of facts:
The relevant provisions of the insurance policy are:
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