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TRINITY UNIVERSAL INS. CO. v. METZGER

77-299.

360 So.2d 960 (1978)

TRINITY UNIVERSAL INSURANCE COMPANY, a corp. v. Leonard H. METZGER, Jr., as Executor, etc.

Supreme Court of Alabama.

July 21, 1978.

Attorney(s) appearing for the Case

Alton R. Brown, Jr. and Robert M. Montiel, Mobile, for appellant.

Irvin J. Langford of Howell, Johnston, Langford, Finkbohner & Lawler, Mobile, for appellee.

FAULKNER, Justice.

This appeal questions Tit. 36, § 74(62a) Code of Ala. 1940, Recompiled 1958, as to whether the umbrella policy in this case came within its provisions. The trial court found that it did. We find that it did not, and reverse and render.

On August 4, 1974, Gwen Metzger was killed when the automobile she was driving was struck by an uninsured motorist who was intoxicated and fleeing the police. At the time her husband, Leonard Metzger...

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