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MORGAN v. BADGER MUTUAL INSURANCE COMPANY

Civ. A. No. 965.

181 F.Supp. 496 (1960)

Claud B. MORGAN, Plaintiff, v. BADGER MUTUAL INSURANCE COMPANY et al., Defendants.

United States District Court N. D. Florida, Pensacola Division.

February 29, 1960.

Attorney(s) appearing for the Case

James W. Middleton, Fort Walton Beach, Fla., and Horne & Rhodes, Tallahassee, Fla., by Mallory E. Horne, Tallahassee, Fla., and Jones & Harrell, Pensacola, Fla., by Joe Harrell, Pensacola, Fla., for plaintiff, Morgan.

Yonge, Beggs & Lane, Pensacola, Fla., by E. Dixie Beggs, Pensacola, Fla., and Keen, O'Kelley & Spitz, Tallahassee, Fla., by A. Frank O'Kelley, Tallahassee, Fla., for defendants Badger Mutual and others.

CARSWELL, Chief Judge.

The plaintiff, Morgan, brought action to recover certain proceeds under a policy of fire insurance on business property and merchandise allegedly destroyed in a fire, which property was insured by the defendants Badger Mutual Insurance Company et al. (herein referred to as Badger). The controversy revolves around a provision in the policy with regard to sworn proofs of loss. The plaintiffs submitted to Badger sworn proofs of loss after the fire...

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