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LUMBERMENS MUT. CAS. CO. v. ELY

[No. 176, September Term, 1968.]

253 Md. 254 (1969)

252 A.2d 786

LUMBERMENS MUTUAL CASUALTY COMPANY v. ELY, ET UX.

Court of Appeals of Maryland.

Decided April 30, 1969.

Attorney(s) appearing for the Case

Albert D. Brault, with whom were Brault, Scott & Brault on the brief, for appellant.

William J. Rowan, III, with whom were Heeney, McAuliffe & McAuliffe on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and MARBURY, McWILLIAMS, FINAN and SMITH, JJ.

SMITH, J., delivered the opinion of the Court.

This is a battle between an insurance company and a home owner as to whether or not the insurance company should pay for damages to a home under a policy insuring against windstorm.

Appellees (Ely) own a home in Montgomery County. On August 26, 1965, there was a storm. The testimony of Ely as summarized by appellant (Lumbermens) in its brief is:

"The insured, Nathaniel Ely, testified that he was in his...

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