Legal Opinion

Lumpkin v. Alabama Farm Bureau Mutual Casualty Insurance

Court of Civil Appeals of Alabama

Decided March 23, 1977No. Civ. 1054Published

1Opinion of the Court

WRIGHT, Presiding Judge.

This appeal is from a directed verdict in favor of defendant and from denial of motion for new trial. We affirm.

Defendant was the insurer of plaintiff Daniel Lumpkin’s house against loss from fire or lightning with extended coverage providing protection against loss from windstorm.

On September 23, 1975, hurricane “Eloise” passed through the vicinity of Opelika and blew several large limbs onto plaintiff’s house. Plaintiff filed a claim for damages to his house. He was issued a draft for his loss.

Plaintiff was aware that another large limb had been broken by “Eloise,”…

2Cases cited5 opinions

  1. Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
  2. Commercial Union Fire Ins. Co. of N.Y. v. ParvinSupreme Court of Alabama · 1966
  3. State Farm Mutual Automobile Insurance v. BarrowCourt of Civil Appeals of Alabama · 1971
  4. King v. WinslettSupreme Court of Alabama · 1971
  5. Burke v. Curtis Aeroplane Motor Co.Supreme Court of Alabama · 1920

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