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CUSTER v. HOMESIDE LENDING, INC.

1011409.

858 So.2d 233 (2003)

Raymond CUSTER and Elizabeth Custer v. HOMESIDE LENDING, INC.

Supreme Court of Alabama.

March 14, 2003.

Attorney(s) appearing for the Case

W. Lewis Garrison, Jr., and W.A. Hopton-Jones, Jr., of Garrison, Scott, Gamble & Rosenthal, P.C., Birmingham; and Cecil G. Duffee III of Duffee & Associates, Birmingham, for appellants.

John E. Goodman of Bradley Arant Rose & White, LLP, Birmingham; and John C. Englander of Goodwin Procter, LLP, Boston, Massachusetts, for appellee.

HARWOOD, Justice.

Raymond Custer and his wife, Elizabeth, sued Homeside Lending, Inc. ("Homeside"), the current holder of a mortgage on residential property owned by the Custers, as well as WNC Insurance Services, Inc. ("WNC"), an insurance provider, on November 5, 1999. WNC had entered into a "Policy of Insurance Contract" with Homeside whereby WNC would "force-place"1 flood insurance for certain Homeside borrowers. Pursuant to this agreement...

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