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Underwriters Insurance Company v. Groner

United States Court of Appeals, Fifth Circuit
Mar 14, 1963
314 F.2d 338 (5th Cir. 1963)

Summary

affirming judgment where the parties conducted trial on the assumption that a hurricane occurred on the night the insured property was destroyed because "there was sufficient evidence submitted to the jury to warrant its finding that the damage was occasioned by a windstorm"

Summary of this case from Hiland Park United Pentecostal Church v. Guideone Elite Ins. Co.

Opinion

No. 19872.

March 14, 1963.

Geo. J. Baya, Miami, Fla., for appellant.

Sol Maisel, Michael M. Tobin, Edward A. Moss, Tobin, Rubin Salmon, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, WOODBURY, Chief Judge, and BELL, Circuit Judge.

Chief Judge of the First Circuit, sitting by designation.


It appearing that the trial was conducted by both parties on the assumption that a hurricane occurred on the night that the insured house was destroyed, we conclude that there was sufficient evidence submitted to the jury to warrant its finding that the damage was occasioned by windstorm and not from an excepted cause. We likewise conclude that the question of fraud was one for the jury, and that the fraud issue was adequately presented to the jury by the court's charge.

The judgment is

Affirmed.


Summaries of

Underwriters Insurance Company v. Groner

United States Court of Appeals, Fifth Circuit
Mar 14, 1963
314 F.2d 338 (5th Cir. 1963)

affirming judgment where the parties conducted trial on the assumption that a hurricane occurred on the night the insured property was destroyed because "there was sufficient evidence submitted to the jury to warrant its finding that the damage was occasioned by a windstorm"

Summary of this case from Hiland Park United Pentecostal Church v. Guideone Elite Ins. Co.
Case details for

Underwriters Insurance Company v. Groner

Case Details

Full title:UNDERWRITERS INSURANCE COMPANY, Appellant, v. William GRONER, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 14, 1963

Citations

314 F.2d 338 (5th Cir. 1963)

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Hiland Park United Pentecostal Church v. Guideone Elite Ins. Co.

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Groner v. Underwriters Insurance Co.

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