BOYKIN & TAYLOE v. COLUMBIA FIRE INS. CO.

No. 977.

90 F.Supp. 647 (1950)

BOYKIN & TAYLOE, Inc. v. COLUMBIA FIRE INS. CO.

United States District Court E. D. Virginia, Norfolk Division.

February 10, 1950.


Attorney(s) appearing for the Case

Charles L. Kaufman, Norfolk, Virginia, Hamilton Plack, Norfolk, Virginia, for plaintiff.

Tazewell Taylor, Jr., Norfolk, Virginia, W. R. Ashburn, Norfolk, Virginia, for defendant.


BRYAN, District Judge.

Cross motions for summary judgment present the question whether the defendant insurer through estoppel or perhaps waiver is barred from relying upon the value reporting clause of its monthly reporting fire insurance policy, issued to the plaintiff, to limit the latter's recovery for loss to "not more than the amounts included in the last report of values", that clause reading: "9. Value Reporting Clause. It is a condition of this policy that...

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