NATIONWIDE v. ESTATE OF FILES

1071288.

10 So.3d 533 (2008)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. Estate of Jack FILES, deceased.

Supreme Court of Alabama.

November 26, 2008.


Attorney(s) appearing for the Case

Kori L. Clement and Stephanie White Schmidt of Hare, Clement & Duck, P.C., Birmingham, for appellant.

Keith McKerall of King, Wiley & Williams, Jasper, for appellee.


WOODALL, Justice.

Nationwide Mutual Fire Insurance Company ("Nationwide") appeals from a $75,000 judgment against it and in favor of the estate of Jack Files, deceased. We reverse and render a judgment for Nationwide.

The relevant facts are undisputed. On May 1, 2001, Jack Files and Herbert Sanford were involved in a physical altercation that resulted in injuries to Files. At the time of the incident, Sanford was insured under a homeowner's insurance policy...

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