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ATLAS ASSUR. CO. OF AMERICA v. MISTIC

No. S-3727.

822 P.2d 897 (1991)

ATLAS ASSURANCE COMPANY OF AMERICA, Petitioner, v. Jeannie MISTIC f/k/a Jeannie Rutzebeck, Respondent.

Supreme Court of Alaska.

Rehearing Denied January 10, 1992.

Attorney(s) appearing for the Case

Timothy R. Byrnes, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, for petitioner.

Sema E. Lederman, Hansen & Lederman, Anchorage, for respondent.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

COMPTON, Justice.

We granted Atlas Assurance Company's petition for review in part, specifying the following issues for review:

(1) When an insured intentionally burns down a house, is an innocent co-insured nevertheless entitled to recover some portion of the insurance proceeds? (2) What portion of the proceeds may the innocent co-insured recover? (3) Does the validity of the innocent insured's claim affect the insurer...

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