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FIREMAN'S FUND INSURANCE COMPANY v. THOMAS

5 Div. 743.

155 So.2d 923 (1963)

FIREMAN'S FUND INSURANCE COMPANY v. Anne Marie Hayduck THOMAS, as Ex'x.

Supreme Court of Alabama.

Rehearing Denied September 5, 1963.

Attorney(s) appearing for the Case

Ball & Ball and John R. Matthews, Jr., Montgomery, for appellant.

Jas. Noel Baker and Brown & McMillan, Opelika, for appellee.

GOODWYN, Justice.

W. H. Thomas, Jr., brought suit against appellant, Fireman's Fund Insurance Company, to recover the value of a destroyed 1953 Cessna airplane which had been insured by appellant. The airplane was owned jointly by plaintiff and Clifford Otto Sasser and the insurance policy was issued to them as the owners. There was a loss payable endorsement to Jack B. Tatum who sold the airplane to Thomas and Sasser for $5,750. Of this, Thomas and Sasser each paid...

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