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BURNHAM SHOES, INC. v. WEST AMERICAN INS. CO.

85-709-CER.

504 So.2d 238 (1987)

BURNHAM SHOES, INC. v. WEST AMERICAN INSURANCE COMPANY and American Fire and Casualty Company.

Supreme Court of Alabama.

Application for Rehearing Stricken March 4, 1987.

Dissenting Opinion March 16, 1987.

Attorney(s) appearing for the Case

William J. Baxley and Joel E. Dillard, of Baxley, Dillard & Dauphin, Birmingham, for appellant.

Robert S. Lamar, Jr., of Lamar & McDorman, Birmingham, for appellees.

BEATTY, Justice.

This Court consented to answer the following questions certified by the United States Court of Appeals for the Eleventh Circuit, 784 F.2d 1531:

(1) Is an insurance provision, which otherwise would obligate the insurer to defend the insured in a lawsuit based upon intentional wrongs alleged to have been committed by the insured, void as against the public policy of the state of Alabama?

(2) Does an...

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