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NATIONAL SEC. FIRE & CAS. CO. v. JAMES

Civ. 1296.

358 So.2d 737 (1978)

NATIONAL SECURITY FIRE AND CASUALTY COMPANY, a corporation v. Richard Lee JAMES.

Court of Civil Appeals of Alabama.

Rehearing Denied March 22, 1978.

Attorney(s) appearing for the Case

M. Dale Marsh and Joe C. Cassady, of Cassady, Fuller & Marsh, Enterprise, for appellant.

G. A. Lindsey, Elba, for appellee.

WRIGHT, Presiding Judge.

Defendant appeals from the denial of his motion for a directed verdict and a motion for judgment notwithstanding the verdict. We reverse.

Plaintiff brought suit upon a fire insurance policy. As a defense the defendant claimed the policy void under a provision contained therein as follows:

"Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring . . . (b) while a described building...

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