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SOUTHEAST NURSING HOME v. ST. PAUL FIRE AND MARINE

No. 83-7131.

750 F.2d 1531 (1985)

SOUTHEAST NURSING HOME, INC., a corporation, Plaintiff-Appellant, v. The ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 24, 1985.

Attorney(s) appearing for the Case

James E. Clark, London, Yancey, Calrk & Allen, Birmingham, Ala., for plaintiff-appellant.

Marshall H. Fitzpatrick, Norman, Fitzpatrick & Wood, Robert D. Norman, Birmingham, Ala., for defendant-appellee.

Before TJOFLAT, HILL and JOHNSON, Circuit Judges.

TJOFLAT, Circuit Judge:

This is a diversity action by an insured, Southeast Nursing Homes, Inc., against its insurer, The St. Paul Fire and Marine Insurance Company, to recover damages under an insurance policy for an insured fire loss and, in addition, punitive damages for the allegedly tortious manner in which the insurer dealt with the loss. The district court, following a pretrial hearing, concluded that the insured's suit on the policy was premature, because...

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