FIDELITY AND CAS. CO. OF NEW YORK v. MITCHELL

Civ. 5554.

503 So.2d 870 (1987)

FIDELITY AND CASUALTY COMPANY OF NEW YORK v. Dewey MITCHELL, Jr., as the Executor of the Estate of Dewey Mitchell, deceased, Edna Mitchell, and Dewey Mitchell, individually.

Court of Civil Appeals of Alabama.

February 18, 1987.


Attorney(s) appearing for the Case

Bert P. Taylor of Smith & Taylor, Birmingham, for appellant.

William T. Musgrove, Jr., of Walker & Musgrove, Florence, for appellee.


INGRAM, Judge.

In October 1985, plaintiff filed suit against Fidelity and Casualty Company of New York seeking damages under a policy of insurance for hidden insect or vermin damage. Defendant filed an answer denying coverage. A non-jury trial was held on June 13, 1986. The court entered an order finding coverage for the termite damage and entering judgment against the defendant in the amount of $3,554.24 plus all costs. Defendant appeals from this order, and we affirm...

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