McCray v. State Farm Fire & Casualty Insurance

STUART, Justice.

Howard McCray, Jr., and his wife Donna McCray appeal from a summary judgment in favor of State Farm Fire and Casualty Insurance Company. We reverse and remand.

Facts

In 1990, Karen Smith Acker, a State Farm insurance agent, sold Howard McCray and Donna McCray homeowners insurance on their residence. The declarations page of the policy listed the named insured as “McCray, Howard C. Jr & Donna, 7195 10th Avenue, Altoona, Alabama 35952-8313.” During their depositions in this case, both McCrays verified that the 10th Avenue address was their correct ad*365dress and that they received…