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CALIFORNIA INSURANCE COMPANY v. ALLEN

No. 15895.

235 F.2d 178 (1956)

CALIFORNIA INSURANCE COMPANY, Appellant, v. A. L. ALLEN and Dovie Moore Allen, Appellees.

United States Court of Appeals Fifth Circuit.

June 30, 1956.

Attorney(s) appearing for the Case

David Bland, Houston, Tex., Austin Y. Bryan, Jr., Houston, Tex., of counsel, for appellant.

Samuel Williamson, John W. L. Hicks, Houston, Tex., for appellees.

Before RIVES, TUTTLE and JONES, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a judgment for $5,000, the amount of a policy of fire insurance covering a main dwelling and garage apartment located in Houston, Texas. Appellant insurance company claimed as its sole defense that the fire was deliberately set by or at the instigation of the insured A. L. Allen. The fire insurance policy was, of course, not intended to cover such a fraudulent loss,1 and it expressly provided that...

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