American States Ins. Co. v. Cooper
Decision Date | 06 November 1987 |
Citation | 518 So.2d 708 |
Parties | AMERICAN STATES INSURANCE COMPANY v. James H. COOPER and Lakeside Properties of Auburn. CONSTITUTION STATE INSURANCE COMPANY v. James H. COOPER and Lakeside Properties of Auburn. 86-986, 86-987 and 86-1021. |
Court | Alabama Supreme Court |
Robert S. Lamar, Jr., of Lamar & McDorman, Birmingham, for appellant American States Ins. Co.
Richard A. Ball, Jr., and Joana S. Ellis of Ball, Ball, Duke & Matthews, Montgomery, for appellant Constitution State Ins. Co.
Joe Espy III of Melton & Espy, Montgomery, for appellees.
These are appeals from a declaratory judgment. Plaintiffs James H. Cooper and Lakeside Properties of Auburn sought declarations of insurance coverage with respect to two underlying lawsuits against them. The underlying suits arose from the sales of two apartment complexes in Lee County.
In the first suit, Lakeside, Ltd., purchasers of one complex, allege that the sellers, James Cooper and Lakeside Properties of Auburn, a general partnership, misrepresented the number of units that were preleased, and that Cooper assured them that, based on present and anticipated market conditions, the complex would always be fully occupied. They contend that the representations were made intentionally with knowledge, recklessly without knowledge, or innocently by mistake. As injuries, the purchasers claim that they lost part of their investment and lost profits that they would have made had the complex been as represented, that their credit standing was damaged, and, further, that they suffered mental anguish.
The second action was brought by the purchaser of a second apartment complex, sold by James H. Cooper and Lakeside, Ltd. The purchaser alleged that the age of the complex, as well as its general condition, was misrepresented to him by Cooper, and, that as a result, he, the purchaser, suffered mental anguish and economic loss. The complaint alleges that these misrepresentations were made intentionally with knowledge, recklessly without knowledge, or innocently by mistake.
Both insurers, American States Insurance Company and Constitution State Insurance Company, contend that the above-stated allegations are not covered under the provisions of their policies issued to Cooper. The trial court held otherwise, and ordered the two insurers to defend and indemnify Cooper with regard to the misrepresentation claims. The insurers appealed. We affirm, and adopt the well-reasoned order of Judge Phelps as the opinion of this Court.
Coverage A. bodily injury or--
Coverage B. property damage to which this insurance applies caused by an occurrence, and the company...
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