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MILWAUKEE INSURANCE COMPANY v. KOGEN

Nos. 15577, 15578.

240 F.2d 613 (1957)

MILWAUKEE INSURANCE COMPANY, Appellant, v. Max KOGEN, doing business as Kogen Fur Company, Appellee. INDUSTRIAL INSURANCE COMPANY, Appellant, v. Max KOGEN, doing business as Kogen Fur Company, Appellee.

United States Court of Appeals Eighth Circuit.

February 11, 1957.

Attorney(s) appearing for the Case

Frank X. Cronan, Minneapolis, Minn. (Harold J. Carroll, Minneapolis, Minn., on the brief), for appellants.

Frank Claybourne, St. Paul, Minn. (Doherty, Rumble & Butler, St. Paul, Minn., on the brief), for appellee.

Before SANBORN, JOHNSEN and WHITTAKER, Circuit Judges.

SANBORN, Circuit Judge.

The only substantial question for decision by this Court in these actions upon two Minnesota standard fire insurance policies (issued under § 65.01, M.S.A., prior to its repeal) is whether the District Court clearly misconceived or misapplied the substantive law of that State in ruling that the effect of a non-waiver agreement, entered into between the insured and his insurers shortly after he...

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