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BADGER MUTUAL INSURANCE COMPANY v. MORGAN

No. 19204.

313 F.2d 783 (1963)

BADGER MUTUAL INSURANCE COMPANY, Lititz Mutual Insurance Company, Implement Dealers Mutual Insurance Company, Iowa Mutual Insurance Company, the Yorkshire Insurance Company of New York, the Commercial Union Fire Insurance Company of New York, the London Assurance and the Travelers Indemnity Company, Appellants, v. Claud B. MORGAN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 22, 1963.

Attorney(s) appearing for the Case

E. Dixie Beggs, of Yonge, Beggs & Lane, Pensacola, Fla., A. Frank O'Kelley, Charles H. Spitz, Keen O'Kelley & Spitz, Charles Friend, Tallahassee, Fla., for appellants.

Mallory E. Horne, of Horne & Rhodes, Tallahassee, Fla., James W. Middleton, Fort Walton Beach, Fla., for appellee.

Before RIVES, JONES and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

This case involves a suit by Claud B. Morgan, Plaintiff-Appellee, against eight insurance companies, Defendants-Appellants, to recover on fire insurance policies issued to him by the several insurance companies. The insurance companies defended the suit on the ground that Morgan, in his written proof of loss, fraudulently overstated the value of his inventory in his Valparaiso variety store. The case was submitted to the jury on two special interrogatories...

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