CHAACHOU v. AMERICAN CENTRAL INSURANCE COMPANY

No. 16023.

241 F.2d 889 (1957)

Khadouri CHAACHOU, Appellant, v. AMERICAN CENTRAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 1, 1957.


Attorney(s) appearing for the Case

Sarino R. Costanzo, David W. Walters, Miami, Fla., for appellant.

Geo. J. Baya, Miami, Fla., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The sole substantial question in this hoary claim which soon rounds out its tenth year is whether, to avoid the policy because of fraud, misrepresentation, concealment and false swearing by an assured in connection with a loss for windstorm damage from the Miami hurricane of September 17, 1947, the insurer must prove that it relied, to its detriment, prejudice and damage, upon such fraudulent acts.

The issue is squarely posed...

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