Jack G. Levine and Eileen M. Levine v. Insurance Company of North America

GODBOLD, Circuit Judge:

Plaintiffs, residents of Alabama, sued their insurer, a Pennsylvania corporation, to recover under their policy for damage allegedly caused to their home in Alabama by explosions. Because of error in instructing the jury we remand for further proceedings.

The evidence was conflicting as to the reasonable cost of repairs to the damaged property. It was shown that there was an outstanding mortgage on the damaged house at the time of the effective period of the insurance policy, in favor of a bank which was not a party to the suit. One of the plaintiffs testified that he…