R. B. COMPANY v. AETNA INSURANCE COMPANY

No. 18842.

299 F.2d 753 (1962)

R. B. COMPANY, Inc., and Nu Plastics, Inc., Appellants, v. AETNA INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 27, 1962.


Attorney(s) appearing for the Case

James R. Alexander, Henry Klepak, Arthur S. Goldberg, Don Allen Henry, Goldberg & Alexander, Dallas, Tex., for appellants.

R. B. Cousins, Thompson, Coe, Cousins & Irons, Dallas, Tex., for appellees.

Before JONES, BROWN and GEWIN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This case presents the question whether the District Court on a special issue verdict correctly entered judgment for the Insurer. In doing so the Court sustained the Insurer's defense that the insurance either was void altogether because of wilful misrepresentation as to hazards, or at least suspended at the time of the fire by reason of substantial increases in hazards over those incidental to the use described in the policy. The Assured...

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