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BROADFOOT v. RELIANCE INS. CO.

Civ. A. No. C83-404A.

601 F.Supp. 87 (1984)

Herbert C. BROADFOOT, II, Trustee in Bankruptcy of Ace Contracting Company, Plaintiff, v. RELIANCE INSURANCE COMPANY, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

December 24, 1984.

Attorney(s) appearing for the Case

A.L. Mullins, Jr., Atlanta, Ga., for plaintiff.

John D. Jones, Atlanta, Ga., for defendant.

ORDER

SHOOB, District Judge.

This is an action on an insurance contract. Plaintiff1 alleges breach of contract in count one, bad faith in count two, and fraud in count three. Defendant Reliance Insurance Company has brought a renewed motion for summary judgment on the ground that suit was not commenced within twelve months of discovery of the loss, as required in the contract.

Ace Contracting Company, insured by Reliance...

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