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SALES v. STATE FARM FIRE AND CAS. CO.

No. 87-8467.

849 F.2d 1383 (1988)

Wilburt SALES, Jr., Janice T. Sales, Plaintiffs-Appellees, Cross-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 20, 1988.

Attorney(s) appearing for the Case

H. Michael Bagley, Atlanta, Ga., for defendant-appellant, cross-appellee.

Richard W. Hendrix, Finch, McCranie, Brown & Thrash, Atlanta, Ga., for plaintiffs-appellees, cross-appellants.

Before FAY and CLARK Circuit Judges, and GONZALEZ, District Judge.

FAY, Circuit Judge:

State Farm Fire & Casualty Company ("State Farm") appeals a jury verdict awarding insurance proceeds to Janice Sales. Wilburt Sales, Janice's husband, cross-appeals the jury's failure to award him any of the proceeds. Because we find that the trial judge erroneously instructed the jury regarding Georgia's doctrine of innocent co-insureds, we remand for a new trial.

I. BACKGROUND

On October 16, 1983, a fire totally destroyed...

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