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OWL & TURTLE, INC. v. TRAVELERS INDEM. CO.

No. 75-3460.

554 F.2d 196 (1977)

OWL & TURTLE, INC., a Florida Corporation, Plaintiff-Appellant, v. The TRAVELERS INDEMNITY COMPANY, a Foreign Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 11, 1977.

Attorney(s) appearing for the Case

Louis K. Rosenbloum, Fredric G. Levin, Pensacola, Fla., for plaintiff-appellant.

Gary B. Lane, Pensacola, Fla., for defendant-appellee.

Before BROWN, Chief Judge, and COLEMAN and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge:

I

In July of 1974, a Pensacola, Florida, nightclub called "Robbie's Yum Yum Tree" was destroyed by arson. Owl & Turtle, Inc., which owned the Yum Yum Tree, sought indemnification under a fire insurance policy for the loss from the defendant, Travelers Indemnity Co. (Travelers). Although admitting liability under the policy for arson, Travelers refused payment because of its belief that Robert Llewellyn, the son of the sole shareholder...

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