(DOWNLOAD) "Casey Enterprises Inc. v. American Hardware Mutual Insurance Co." by Fifth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free

April 12, 2021

eBook details

Title: Casey Enterprises Inc. v. American Hardware Mutual Insurance Co.
Author : Fifth Circuit United States Court Of Appeals
Release Date : January 08, 1981
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

Fite H. Casey, Jr. and Casey Enterprises, Inc. brought three actions in the Superior Court of Dekalb County in the state of Georgia against American Hardware Mutual Insurance Company (hereinafter "American Hardware or "insurer) to recover on a Special Multi-Peril insurance policy for a fire loss. These cases were consolidated and, upon petition by the insurer, removed to the United States District Court for the Northern District of Georgia. The insurer denied liability claiming that the policy was void as a result of material misrepresentations in the policy application and proof of loss statement. The district court found that the insurer had waived its defense of material misrepresentation by making payments for the fire loss pursuant to the policy and collecting premiums on the policy after becoming aware of the alleged misrepresentations. The district court, therefore, granted plaintiffs motion for summary judgment and awarded plaintiffs the sum of $455,522.73 in damages including $147,522.73 in interest.