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EX PARTE STATE FARM FIRE AND CAS. CO.

86-1196.

523 So.2d 119 (1988)

Ex parte STATE FARM FIRE AND CASUALTY COMPANY. (Re MARTIN MOTORS, INC., and Clayton Boyette v. STATE FARM FIRE AND CASUALTY COMPANY and Monroe County Bank).

Supreme Court of Alabama.

March 4, 1988.

Attorney(s) appearing for the Case

Edward T. Hines of Garretts, Thompson & Hines, Brewton, and Geary A. Gaston and William W. Watts of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for petitioners.

J. Milton Coxwell, Jr., of Coxwell and Coxwell, Monroeville, for respondents.

BEATTY, Justice.

We granted the petition for writ of certiorari in this case to consider whether, in the absence of a "fraud or false swearing" provision in a contract of insurance, an insurer may, nevertheless, pursuant to § 27-14-28, Code of 1975, void that contract where it has been found that the insured made material misrepresentations in the proof of loss with actual intent to deceive.

We set out the pertinent...

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