ÆTNA LIFE INS. CO. v. AIRD

No. 9146.

108 F.2d 136 (1939)

ÆTNA LIFE INS. CO. v. AIRD et al.

Circuit Court of Appeals, Fifth Circuit.

December 14, 1939.


Attorney(s) appearing for the Case

J. D. Wheeler, of San Antonio, Tex., for appellant.

George Cannon and C. W. Trueheart, both of San Antonio, Tex., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit, upon an accident policy, was for the double indemnity it offered insured for injuries, caused "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 claim was that, within the meaning of the policy, an automobile trailer was "a building", and insured's death was caused by its burning. The defense was; (a) that, the trailer was not...

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