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MARTIN v. FIDELITY & CAS. CO. OF NEW YORK

81-284.

421 So.2d 109 (1982)

Ouida M. MARTIN v. FIDELITY & CASUALTY COMPANY OF NEW YORK and Underwriters Adjustment Company.

Supreme Court of Alabama.

October 22, 1982.

Attorney(s) appearing for the Case

Jack W. Smith of Smith & Smith, Dothan, for appellant.

William L. Lee, III, and William C. Carn, III, of Lee & McInish, Dothan, for appellees.

BEATTY, Justice.

The plaintiff appeals from dismissal of her claims for breach of contract, trespass and fraud. We reverse on the contract and fraud claims, and remand.

The second amended complaint alleges that the plaintiff, Ouida Martin, had insurance on her home with the defendant, Fidelity & Casualty Company of New York. On September 23, 1975, Hurricane Eloise damaged her home. The complaint goes on to read...

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