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SPRINGFIELD FIRE & MARINE INS. CO. OF SPRINGFIELD, MASS. v. MARTIN

No. 7626.

77 F.2d 492 (1935)

SPRINGFIELD FIRE & MARINE INS. CO. OF SPRINGFIELD, MASS., v. MARTIN.

Circuit Court of Appeals, Fifth Circuit.

May 9, 1935.

Attorney(s) appearing for the Case

J. Tom Watson, of Tampa, Fla., for appellant.

Carl H. Moseley and Victor H. Knight, both of Tampa, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

Appellee, upon his bill in equity, was awarded a decree reforming a fire insurance policy and allowing a recovery on it as reformed. The policy as issued was on a building "occupied as a dwelling house," and contained the usual provision that it should be void if the insured had misrepresented any material fact concerning the subject-matter of insurance. The building was not and had never been occupied; at the time the policy was issued it was...

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