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WATERS v. AMERICAN CAS. CO. OF READING, PA.

6 Div. 432.

73 So.2d 524 (1953)

WATERS v. AMERICAN CAS. CO. OF READING, PA.

Supreme Court of Alabama.

Rehearing Denied April 22, 1954.

Further Rehearing Denied June 30, 1954.

Attorney(s) appearing for the Case

Wm. S. Pritchard, Victor H. Smith and Pritchard, McCall & Jones, all of Birmingham, for appellant.

Geo. W. Yancey, Jas. E. Clark, London & Yancey, and Francis H. Hare, all of Birmingham, for appellee.

PER CURIAM.

This is an action by the insured (Waters) against the insurer when the verdict of the jury exceeded the policy limits, and the insurer had an opportunity to settle within the policy limits prior to the verdict.

In 1946, Mr. Waters, plaintiff and appellant here, owned the Delmar Theatre in Birmingham. Mrs. Beatrice Anthony claimed that she was injured in that the seat she undertook to occupy in the theatre...

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