CANAL INSURANCE COMPANY v. DOUGHERTY

No. 16230.

247 F.2d 508 (1957)

CANAL INSURANCE COMPANY, Appellant, v. James C. DOUGHERTY, d/b/a East Coast Hatching Egg Express, Appellee.

United States Court of Appeals Fifth Circuit.

August 13, 1957.


Attorney(s) appearing for the Case

Blackwell, Walker, & Gray, W. L. Blackwell, Jr., W. L. Gray, Jr., Miami, Fla., for appellant.

Richard F. Ralph, Walter Humkey, Miami, Fla., Fowler, White, Gillen Yancey & Humkey, Miami, Fla., of counsel, for respondent.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

On this appeal from a jury trial judgment awarding recovery under a Motor Truck Cargo Liability Policy, the Insurer, by defenses, partial or complete, contends that the substitution of vehicles was not reported as required and that, in any event, ultimate payment of a prior claim long after the loss in suit, retrospectively reduced the amount of insurance since application for reinstatement was not made immediately after the first loss...

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