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SAFECO INSURANCE CO. OF AMERICA v. JONES

4 Div. 401.

243 So.2d 736 (1970)

SAFECO INSURANCE CO. OF AMERICA, a Corp., v. Irby C. JONES. Ex parte Irby C. JONES.

Supreme Court of Alabama.

December 17, 1970.

Attorney(s) appearing for the Case

Tipler, Fuller & Melton, Andalusia, for petitioner.

Truman M. Hobbs and Richard H. Gill, Montgomery, and Jack C. Gallalee, Mobile, amici curiae.

Powell & Sikes, Andalusia, and Huie, Fernambucq & Stewart, and Paul G. Smith, Birmingham, for respondent.

Pillans, Reams, Tappan, Wood & Roberts, Richard W. Vollmer, Jr. and Geary A. Gaston, Mobile, amici curiae.

MERRILL, Justice.

This case presents a question of first impression in Alabama. It involves a construction and application of our Uninsured Motorist statute.

The first such statute was enacted in New Hampshire in 1957. Ours became effective January 1, 1966. At least forty states now have like statutes.

The decisions construing these statutes fall into three general categories: (1) where the statute specifically authorizes an "Other Insurance" exclusion...

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