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ALLEN v. SAFECO INS. CO. OF AMERICA

No. 84-3865.

782 F.2d 1517 (1986)

Paul C. ALLEN and Marjorie Allen, Plaintiffs-Appellees, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 24, 1986.

Attorney(s) appearing for the Case

Ronald E. Cabaniss, Sharon Lee Stedman, Orlando, Fla., Bob G. Freeman, Jr., Tampa, Fla., for defendant-appellant.

Rodney D. McGalliard, Gainesville, Fla., for plaintiffs-appellees.

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

GODBOLD, Chief Judge:

Shortly after their home was destroyed by fire, Paul and Marjorie Allen filed a claim for their loss pursuant to an insurance policy issued by Safeco Insurance Company. Safeco denied liability. The Allens filed suit in the Florida state court seeking payment under the policy. The case was removed to the U.S. District Court, N.D. Florida.

Safeco sued in the federal court, seeking declaratory relief as to its duties to the Allens under...

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