AIRD v. ÆTNA LIFE INS. CO.

No. 2086.

27 F.Supp. 141 (1939)

AIRD et al. v. ÆTNA LIFE INS. CO.

District Court, W. D. Texas, San Antonio Division.

March 6, 1939.


Attorney(s) appearing for the Case

George Cannon and Charles W. Trueheart, both of San Antonio, Tex., for plaintiffs.

Boyle, Wheeler, Gresham & Terrell, of San Antonio, Tex., for defendant.


McMILLAN, District Judge.

In this case, both parties move for judgment after verdict. Plaintiffs sue on a policy which contains a double indemnity clause insuring the assured against injury, among other things, "by collapse of the outer walls or burning of a building if the insured is therein at the time of the collapse or commencement of the fire". The Insurance Company defends upon two grounds, first, that the insured's death was not caused by burning but was the...

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