McMAHON BROS. REALTY CO. v. UNITED STATES FIDELITY & GUAR. CO.

Civ. A. No. 2162.

217 F.Supp. 567 (1963)

McMAHON BROTHERS REALTY COMPANY, a corporation of the State of Delaware, Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation of the State of Maryland, Defendant.

United States District Court D. Delaware.

May 28, 1963.


Attorney(s) appearing for the Case

Richard L. McMahon, Wilmington, Del., for plaintiff.

William Prickett, Sr. (Prickett, Prickett & Tybout), Wilmington, Del., for defendant.


STEEL, District Judge.

Plaintiff, the insured under a fire insurance policy, alleging that the insured buildings were totally destroyed by fire, sued the defendant insurer for $30,000, the face amount of the policy, which was 80% of the "agreed upon" value of $37,500 ascribed to the insured buildings. The case is at issue. One of the defenses alleged is misrepresentation of the value of the property by plaintiff, who, as agent for the defendant, procured the issuance...

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