BUFFALO INSURANCE COMPANY v. SPACH

No. 17926.

277 F.2d 529 (1960)

BUFFALO INSURANCE COMPANY and Southern Indemnity Company, Appellants, v. May SPACH, as Receiver, acting as Trustee of the assets of RX Center, Inc., alleged Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

April 22, 1960.


Attorney(s) appearing for the Case

George J. Baya, Miami, Fla., for appellants.

Gerard Ehrich, Ehrich & Zuckerman, Miami, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JONES, Circuit Judge.

Each of the appellant insurance companies had insured RX Center, Inc. against loss by fire of the contents usual or incidental to a prescription drug store of the insured located in a place of business in Miami Beach, Florida. Liability was excluded for loss as a result of explosion unless fire ensued and, in that event, only the fire loss was covered. The insured became bankrupt after the events giving rise to this litigation, and May Spach...

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