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PROTECTIVE LIFE INS. CO. v. ATKINS

78-875.

389 So.2d 117 (1980)

PROTECTIVE LIFE INSURANCE COMPANY v. Ruby Inez ATKINS.

Supreme Court of Alabama.

Rehearing Denied September 26, 1980.

Attorney(s) appearing for the Case

Jim Beech of Tweedy, Jackson & Beech, Jasper, for appellant.

Morris W. Savage and Charles R. Stephens of Bankhead, Savage & Stephens, Jasper, for appellee.

Ira L. Burleson, William N. Ray, and Charles D. Stewart, Birmingham, for Assoc. of Ala. Life Ins. Companies, Amicus Curiae.

MADDOX, Justice.

The appeal is from a jury verdict against Protective Life Insurance Company in favor of the plaintiff, Ruby Inez Atkins, in the amount of $42,605.00. Plaintiff, as administratrix of her husband's estate, sued Protective for breach of contract based on a mortgage protection policy issued by Protective on the deceased husband's life. Under the policy, the balance due on the mortgage would be paid to the mortgagee, First Federal, in the event of the...

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