KELSAW v. INDEPENDENT FIRE INS. CO.

Civ. 2236.

384 So.2d 133 (1980)

James W. KELSAW and Dorothy Kelsaw Brown v. INDEPENDENT FIRE INSURANCE COMPANY.

Court of Civil Appeals of Alabama.

May 28, 1980.


Attorney(s) appearing for the Case

C. Collier Carlton, Jr., of Carlton, Carlton & Carr, Montgomery, for appellants.

James H. Anderson of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee.


WRIGHT, Presiding Judge.

This is an appeal from a summary judgment.

Plaintiffs brought suit in Montgomery County Circuit Court alleging that the defendant had insured a house owned by them and refused to pay the proceeds of the policy when the house was destroyed by fire.

The defendant filed an amended answer denying coverage. Among other grounds defendant alleged that the plaintiffs did not own an insurable interest in the subject property.

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