KEMP v. AMERICAN UNIVERSAL INSURANCE COMPANY

No. 24605.

391 F.2d 533 (1968)

Robert L. KEMP and Fred E. Cooper, Inc., Appellants, v. AMERICAN UNIVERSAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 26, 1968.


Attorney(s) appearing for the Case

Maurice Dantin, Columbia, Miss., Bernard Callender, William C. Callender, Hall, Callender & Dantin, Columbia, Miss., for appellants.

Thomas H. Watkins, Jackson, Miss., Watkins & Eager, Jackson, Miss., of counsel, for appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and HANNAY, District Judge.


HANNAY, District Judge:

This appeal is from a denial by the trial court of insurance coverage to a damaged oil drilling rig owned by the Appellant Robert L. Kemp. Federal jurisdiction is based upon diversity of citizenship between Appellants and the insurer — Appellee. The case was tried before the District Court without a jury.

The policy in question contained a loss payable clause in favor of Fred E. Cooper, Inc., from whom Kemp purchased the rig...

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