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ALLSTATE INS. CO. v. SWANN

No. 92-6803.

27 F.3d 1539 (1994)

ALLSTATE INSURANCE COMPANY, Plaintiff-Counterclaim Defendant-Appellant, v. Terry SWANN and Pamela Swann, Defendants-Appellees, Donald L. Rayburn, Defendant-Counterclaim Plaintiff-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 9, 1994.

Attorney(s) appearing for the Case

Steven F. Casey, Alan T. Rogers and Michael D. Freeman, Balch & Bingham, Birmingham, AL, for appellant.

Charles R. Crowder, Leila Hirayama Watson and David C. Johnson, Johnson & Cory, P.C., Birmingham, AL, for Donald Rayburn.

Thomas B. Hanes, Barnett, Noble, Hanes & Sparks, Birmingham, AL, for Terry and Pam Swann.

Before ANDERSON and BIRCH, Circuit Judges, and CONWAY, District Judge.

CONWAY, District Judge:

Allstate Insurance Company ("Allstate") appeals an adverse judgment following a jury trial concerning whether, and to what extent, Allstate was liable for fire losses under a homeowners insurance policy. For the reasons that follow, we affirm in part and reverse in part.

I. FACTS AND PROCEDURAL HISTORY

Terry and Pamela Swann ("the Swanns") owned a house insured under a homeowners...

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