HOME INSURANCE COMPANY v. TANNER

No. 15230.

220 F.2d 41 (1955)

The HOME INSURANCE COMPANY, Appellant, v. Thurmond TANNER, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1955.


Attorney(s) appearing for the Case

Wm. B. Gunter, Gainesville, Ga., Estes Doremus, Alex W. Smith, Atlanta, Ga., E. D. Kenyon, Gainesville, Ga., Smith, Field, Doremus & Ringel, Atlanta, Ga., Kenyon, Kenyon & Gunter, Gainesville, Ga., for appellant.

Sidney O. Smith, Jr., Joe K. Telford, A. C. Wheeler, Wheeler, Robinson & Thurmond, and Telford, Wayne & Smith, Gainesville, Ga., for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.


HUTCHESON, Chief Judge.

This appeal from a judgment entered in a cause tried to the court without a jury presents a single question of law. This is whether, under Georgia law, a parol agreement to make a new contract of fire insurance, by attaching to an existing policy an endorsement increasing the limits of liability, is valid so as to give rise to an actionable claim in tort or contract for the damages resulting from its breach.

The question comes here...

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