DEPENDABLE INS. CO. v. KIRKPATRICK

85-1150.

514 So.2d 804 (1987)

DEPENDABLE INSURANCE COMPANY v. Elsie Marie Wade KIRKPATRICK.

Supreme Court of Alabama.

Rehearing Denied May 29, 1987.

On Return to Remand June 26, 1987.

Rehearing Denied September 18, 1987.


Attorney(s) appearing for the Case

Arthur F. Fite III, Anniston, for appellant.

Stephen D. Heninger of Hare, Wynn, Newell & Newton, Birmingham, and Frank C. Ellis, Jr., of Wallace, Ellis, Head & Fowler, Columbiana, for appellee.


SHORES, Justice.

Plaintiff, Dependable Insurance Company, filed a declaratory judgment action seeking to determine the rights of defendant, Elsie M. Kirkpatrick, to use a cabin on Lay Lake. Defendant filed a counterclaim for conversion, and plaintiff appeals from a judgment in favor of defendant. We affirm conditionally as to that portion of the judgment awarding compensatory damages and remand with instructions as to the portion awarding punitive damages.

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