FIRST NATIONAL INSURANCE CO. v. NORTON

Nos. 5353-5358.

238 F.2d 949 (1956)

FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a corporation of Seattle, Washington, Appellant, v. Ella NORTON, H. Mead Norton and Sam Norton, Jr., Appellees. FIDELITY-PHENIX FIRE INSURANCE COMPANY OF NEW YORK, a corporation, New York, New York, Appellant, v. Ella NORTON, H. Mead Norton and Sam Norton, Jr., Appellees. The FARMERS ALLIANCE INSURANCE COMPANY, a corporation of McPherson, Kansas, Appellant, v. Ella NORTON, H. Mead Norton and Sam Norton, Jr., Appellees. The LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY, a corporation of Liverpool, England, Appellant, v. Ella NORTON, H. Mead Norton and Sam Norton, Jr., Appellees. JERSEY INSURANCE COMPANY OF NEW YORK, New York, Appellant, v. Ella NORTON, H. Mead Norton and Sam Norton, Jr., Appellees. FIREMENS INSURANCE COMPANY, a corporation of Newark, New Jersey, Appellant, v. Ella NORTON, H. Mead Norton and Sam Norton, Jr., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 17, 1956.


Attorney(s) appearing for the Case

Walter D. Hanson, Oklahoma City, Okl. (Clarence P. Green, Oklahoma City, Okl., on the brief), for appellants.

Kenneth Abernathy (of Abernathy & Abernathy), Shawnee, Okl., for appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

The plaintiffs, as owners and occupants of Lots 5, 6, 7, 8 and 9 of Block 26 in Shawnee, Oklahoma, brought this action against the defendant insurance companies on nine separate insurance policies to recover damages caused by fire to the building located on the premises. The legal description in the different policies did not refer to all of the lots upon which the building was located, and the insurance companies denied liability for any damage...

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