Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 20-11568
Judge: Jill Pryor
Court: United States Court of Appeals for the Eleventh Circuit on appeal from the Northern District of Alabama
Plaintiff's Attorney: Sina Bahadoran
Defendant's Attorney: William Todd Atkinson
ATKINSON, ATKINSON & BURT, LLC
P.O. Box 1080
Winfield, AL 35594
Description: Birmingham, Alabama insurance law lawyer presented Defendants, who were sued by Plaintiff seeking a declaratory judgment relating to insurance coverage.
Coleen McKenna Whorton, Aimee Cothran, and Virginia
Marie Sanderson suffered catastrophic injuries from a pyrotechnic
explosion at their workplace. Cothran and Sanderson died of their
injuries. Their representatives and Whorton (the “Employees”)
sued their employer, Ultratec Special Effects HSV, Inc. (“Ultratec
HSV”), its parent company, Ultratec Special Effects, Inc. (“Ultratec”), Ultratec’s employee, Mike Thouin, and an associated business called MST Properties, LLC (“MST”). The Ultratec entities’
insurer, James River Insurance Company, then filed this declaratory judgment action, asking the district court to determine the
scope of James River’s obligations, if any, to defend and indemnify
the claims in the underlying lawsuit. The parties filed cross-motions for summary judgment, and the district court stayed the duty
to indemnify claim and granted summary judgment in Ultratec’s
favor on the duty to defend claim, concluding that James River had
a duty to defend Ultratec, as well as Thouin, and MST. James River
Outcome: After careful review, and with the benefit of oral argument, we affirm.