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SMIGIEL v. AETNA CAS. & SUR. CO.

No. 85-3188.

785 F.2d 922 (1986)

Stanley K. SMIGIEL, et ux. and Theresa Smigiel, his wife, Plaintiffs-Appellees, v. AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 31, 1986.

Attorney(s) appearing for the Case

Janet L. Brown, Orlando, Fla., Delia D. Rose, John N. Bogdanoff, Daytona Beach, Fla., for defendant-appellant.

Lucinda J. Beneke, Whitson & Whitson, Clearwater, Fla., Michael L. Kinney, Tampa, Fla., for plaintiffs-appellees.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and SIMPSON, Senior Circuit Judge.

SIMPSON, Senior Circuit Judge:

The Smigiels purchased some improved real property by an agreement for deed in 1979. Aetna Casualty and Surety Company issued them a fire insurance policy covering a commercial building on the land. The Smigiels paid the premiums when they came due and the policy remained in effect at all material times. At the end of February, 1981, the Smigiels sold the land to Alfred Smith who signed a promissory...

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