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BRYANT v. ALLSTATE INS. CO.

Civ. A. No. 82-99.

592 F.Supp. 39 (1984)

Edna Faye BRYANT, Plaintiff, v. ALLSTATE INSURANCE COMPANY and Raymond Bryant, Defendants.

United States District Court, E.D. Kentucky, Covington Division.

September 4, 1984.

Attorney(s) appearing for the Case

H. Douglas Rouse, Florence, Ky., for plaintiff.

Thomas C. Smith of Taliaferro, Smith, Mann, Wolnitzek & Schachter, Florence, Ky., for defendants.

OPINION

BERTELSMAN, District Judge.

This case presents the court with an issue of first impression in Kentucky, namely, whether an innocent spouse is entitled to her proportional share of the proceeds of a fire insurance policy on a home owned jointly by her and her husband, when the husband has destroyed it by arson.

On June 25, 1981, a fire and explosion destroyed a residence in Florence, Kentucky, jointly owned by the plaintiff, Edna Faye Bryant...

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