HOME INS. CO., NEW YORK v. SHERRILL

No. 12507.

174 F.2d 945 (1949)

HOME INS. CO., NEW YORK, v. SHERRILL.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 30, 1949.


Attorney(s) appearing for the Case

R. A. Wallace, Gulfport, Miss., for appellant.

S. E. Morse, Gulfport, Miss., for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

Appellee, Mrs. H. V. Sherrill, sued appellant for $7,500, plus an agreed adjustment for unearned premium, on a policy insuring her to that amount on a building on the water front of the Gulf of Mexico in Biloxi, Mississippi, against direct loss by windstorm. The policy also provided: "This Company shall not be liable for loss caused directly or indirectly by (a) frost or cold weather or (b) snowstorm, tidal wave, high water or overflow, whether...

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