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GILL v. FIDELITY PHENIX FIRE INS. CO.

No. 1157.

5 F.Supp. 1 (1933)

GILL, et al. v. FIDELITY PHENIX FIRE INS. CO. et al.

District Court, E. D. Kentucky.

September 8, 1933.

Attorney(s) appearing for the Case

Ralph Gilbert, of Shelbyville, Ky., and Leslie W. Morris, of Frankfort, Ky., for plaintiff Gill.

T. M. Galphin, Jr., and Gordon, Laurent & Ogden, all of Louisville, Ky., and John K. Todd, of Shelbyville, Ky., for defendants.

ANDREW M. J. COCHRAN, District Judge.

This action is before me on plaintiffs' motion for new trial. The ground of it is that I erred in instructing the jury that the plaintiffs were entitled to recover $2,000 only on the policy sued on. It contained a provision in these words: "The Company reserves the right to cancel this policy or any part thereof on giving notice to that effect and refunding a ratable proportion of the premium for the unexpired term of the policy...

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