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NIAGARA FIRE INSURANCE COMPANY v. EVERETT

No. 18596.

292 F.2d 100 (1961)

NIAGARA FIRE INSURANCE COMPANY, Appellant, v. Paul Edward EVERETT, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 6, 1961.

Attorney(s) appearing for the Case

H. Frank Foster, III, Bienvenu & Culver, New Orleans, La., for Niagara Fire Ins. Co., appellant.

Henry A. Mentz, Jr., Mentz & Ford and F. Carter Johnson, Jr., Hammond, La., Trial Attys., for appellee.

Before CAMERON and WISDOM, Circuit Judges, and THOMAS, District Judge.

DANIEL HOLCOMBE THOMAS, District Judge.

Alleging breaches of the conditions of the policy of insurance under such circumstances as to void the contract, insurer appeals from the findings and conclusions of the district court, which tried the case without a jury and entered judgment for the insured.

The policy sued on covered a dwelling and contained a prohibition (unless waived in writing) against vacancy beyond the statutory period of sixty days.

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