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HAYNES v. ALLSTATE INS. CO.

No. 84-7011.

749 F.2d 1474 (1985)

J.E. HAYNES and Hilda Haynes, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 4, 1985.

Attorney(s) appearing for the Case

Stephen D. Heninger, Birmingham, Ala., William H. Atkinson, Hamilton, Ala., for plaintiffs-appellants.

Julian P. Hardy, Birmingham, Ala., for defendant-appellee.

Before RONEY and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

This is an appeal by an assured from the dismissal by the trial court of the insured's claim for punitive damages under the Alabama law where a refusal to pay the amount of the insurance coverage in the event of a loss is a bad faith refusal. Since a careful reading of the transcript of the record in the original suit in which the insurer recovered part of the amount claimed clearly supports the trial court's statement with respect to the existence of...

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