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SUN INSURANCE OFFICE LIMITED v. CLAY

No. 17525.

265 F.2d 522 (1959)

SUN INSURANCE OFFICE LIMITED, Appellant, v. John CLAY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearings Denied May 28, 1959.

Attorney(s) appearing for the Case

Joe C. Brannen, Miami, Fla., James A. Smith, Miami, Fla., Wicker & Smith, Miami, Fla., of counsel, for appellant.

Paschal C. Reese, West Palm Beach, Fla., Gibson & Gibson, West Palm Beach, Fla., of counsel, for appellee.

Before RIVES and TUTTLE, Circuit Judges, and SIMPSON, District Judge.

TUTTLE, Circuit Judge.

This is a suit on a personal property floater policy. It was instituted in the United States District Court for the Southern District of Florida by the insured, John Clay. A jury awarded recovery in the total amount of $6,800 and judgment was entered accordingly. The insurer appeals, contending the district court erred in holding that the stipulation in the policy which forbade suit unless it was instituted...

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