James River Insurance Company v. Ultratec Special Effects, Inc.

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

appealed. ...

After careful review, and with the benefit of oral argument, we affirm.