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HIGHLANDS UNDERWRITERS INS. CO. v. ELEGANTE INNS, INC.

77-73, 77-74.

361 So.2d 1060 (1978)

HIGHLANDS UNDERWRITERS INSURANCE COMPANY, a corporation, et al. v. ELEGANTE INNS, INC., a corporation.

Supreme Court of Alabama.

September 1, 1978.

Attorney(s) appearing for the Case

Max Hudson of London, Yancey, Clark & Allen, Birmingham, and Clayton H. Farnham of Swift, Currie, McGhee & Hiers, Atlanta, Ga., for appellant, Highlands Underwriters Ins. Co.

W. Michael Atchison, Birmingham, for appellants, Southern American of Alabama, Inc., et al.

Thomas C. Najjar, Jr., Jack H. Harrison, Birmingham, for appellee.

PER CURIAM.

Elegante Inns, Inc., instituted a declaratory action against Highlands Underwriters Insurance Company seeking reformation of a policy of insurance. In a separate action, Elegante Inns sued Southern American of Alabama, Inc., and Bobby Thornell for negligently endorsing the Highlands' policy over a third party and for causing Elegante Inns to be under-insured. The two suits were consolidated and tried without a jury. Respectively, the defendants appeal...

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