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SMITH v. NORTH RIVER INS. CO.

SC 2803.

360 So.2d 313 (1978)

Clifford SMITH et al. v. The NORTH RIVER INSURANCE CO., a corp.

Supreme Court of Alabama.

June 30, 1978.

Attorney(s) appearing for the Case

Jack Clarke, Northport, for appellants.

William A. Scott, Jr., Wayne Morse, Jr., Birmingham, for appellee.

SHORES, Justice.

Arthur Dixon and Fred Williams were involved with the same woman. At a party, attended by all three, Dixon shot Williams to death. In the process, Clifford Smith was also wounded. Smith sued Dixon alleging negligence and wantonness. Dixon called upon his insurer, North River Insurance, to defend the action. North River refused, claiming that the shooting was excluded by the terms of its homeowners policy with Dixon. The insurer filed a declaratory...

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