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KINCHEN v. LEXINGTON INSURANCE CO.

No. 18835.

301 F.2d 301 (1962)

Coy KINCHEN and Mabel Kinchen, d/b/a Coy-Mabel Kinchen Lumber Company, et al., Appellants, v. LEXINGTON INSURANCE CO. et al., and Arkansas Oak Flooring Co., Intervenor, Appellees. LEXINGTON INSURANCE COMPANY et al., Appellants, v. ARKANSAS OAK FLOORING CO., Intervenor, Appellee.

United States Court of Appeals Fifth Circuit.

On Petition for Rehearing March 30, 1962.

Second Petition for Rehearing Denied April 25, 1962.

Attorney(s) appearing for the Case

Robert J. Vandaworker, J. Elton Huckabay, David W. Robinson, Baton Rouge, La., for appellants.

Victor A. Sachse, Baton Rouge, La., for appellees.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and DeVANE, District Judge.

PER CURIAM.

It now appears to the Court that the policy and certificates of Lexington and its associated insurance companies, must, in any event, have remained in force for the benefit of the mortgagee, Arkansas Oak Flooring Company at the time of the fire. The Lexington policy and the certificates were received by Arkansas Oak Flooring Company on Saturday, January 12, 1956. Some five or six days theretofore, the Kinchens had discontinued the watchman service, and...

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