PHOENIX INSURANCE COMPANY v. BRANCH

No. 69-233.

234 So.2d 396 (1970)

The PHOENIX INSURANCE COMPANY, Appellant, v. James R. BRANCH, Jr., and Mary Lee Branch, Appellees.

District Court of Appeal of Florida, Fourth District.

April 29, 1970.


Attorney(s) appearing for the Case

Thomas A. Hoadley, of Howell, Kirby, Montgomery & D'Aiuto, West Palm Beach, for appellant.

B.F. Paty, Jr., and William E. Eaton, Jr., of Paty, Downey, Lewis & Daves, Palm Beach, for appellees.


CROSS, Chief Judge.

Appellant-defendant, Phoenix Insurance Company, appeals a final judgment entered in a non-jury trial in favor of the appellees-plaintiffs, James R. Branch, Jr., and Mary Lee Branch, in an action to recover, under an "all risks" homeowners insurance policy, damages to a home. We affirm.

On September 22, 1966, the plaintiffs filed their complaint against the defendant, alleging that they had suffered a loss to their premises insured by the...

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