Mission Insurance v. Barnett

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAND, District Judge.

I. Introduction

This declaratory judgment action was filed by Mission Insurance Company (“Mission”) to determine whether it has the duty to defend and provide coverage for the defendants in Wendell DeWayne Bedwell v. Tom O’Melia, et ah, a state court proceeding filed in the Circuit Court for Clarke County, Alabama. In response to Mission’s complaint all defendants except Bedwell (hereinafter “defendants”) filed an answer and counterclaim. In their answer, defendants contend that Mission is obligated to provide them coverage and a…