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ALBANY INSURANCE CO. v. CENTRAL MUTUAL INSURANCE CO.

Civ. A. No. 6631.

189 F.Supp. 527 (1960)

ALBANY INSURANCE COMPANY, a corporation, Plaintiff, v. CENTRAL MUTUAL INSURANCE COMPANY, a corporation, and Preston Tuten, Defendants.

United States District Court E. D. South Carolina, Charleston Division.

December 16, 1960.

Attorney(s) appearing for the Case

Augustine T. Smythe, Charleston, S. C., Joseph L. Nettles, Columbia, S. C., for plaintiff.

E. Ellison Walker, McKay, McKay, Black & Walker, Columbia, S. C., for defendant Central Mut. Ins. Co.

Clyde A. Eltzroth, Hampton, S. C., for defendant Preston Tuten.

WYCHE, District Judge.

On January 17, 1958, certain real property owned by the defendant Preston Tuten sustained loss and damage by fire, the amount of the loss being agreed upon between the parties as $11,830. For several years Tuten had insured the property through E. P. Ellis, a local agent at Hampton, South Carolina. Ellis was authorized to issue policies in both the defendant Central Mutual Insurance Company and the plaintiff Albany Insurance Company, though...

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