SMITH v. NATIONWIDE MUT. FIRE INS. CO.

No. TCA 82-947-WS.

564 F.Supp. 350 (1983)

James M. SMITH, et al., Plaintiffs, v. NATIONWIDE MUTUAL FIRE INSURANCE CO., Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

May 31, 1983.


Attorney(s) appearing for the Case

Thomas F. Woods, Woods, Johnston & Carlson, Tallahassee, Fla., for plaintiffs.

Patrick J. Farrell, Jr., Fuller & Johnson, P.A., Tallahassee, Fla., for defendants.


ORDER

STAFFORD, Chief Judge.

The parties have asked the court for a ruling on the following issue: if the jury finds in favor of plaintiff Barnes only, does she receive the full amount of the policy? Plaintiffs suggest that when Florida's valued policy law, Florida Statutes § 627.702 (1979), is coupled with the innocent co-insured doctrine of Auto-Owners Insurance Co. v. Eddinger, 366 So.2d 123 (Fla.2d Dist...

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