POWELL v. LITITZ MUTUAL INSURANCE COMPANY

No. 26800.

419 F.2d 62 (1969)

Jerrell POWELL and Mrs. Sally Bargeron, Plaintiffs-Appellants, v. LITITZ MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 12, 1970.


Attorney(s) appearing for the Case

T. Malone Sharpe, Sharpe, Sharpe, Hartley & Newton, Lyons, Ga., Benjamin Smith, Jr., Waycross, Ga., for plaintiffs-appellants.

Larry E. Pedrick, Wilson G. Pedrick, Waycross, Ga., for defendant-appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.


GOLDBERG, Circuit Judge:

In this diversity case we must divine Georgia law to decide whether a fire insurance policy was cancelled prior to the destruction of the insured property. In accepting this delphic role we reluctantly, but necessarily, engage in such divination to construe a hitherto unconstrued Georgia statute on the issue involved.

On December 11, 1965, the Lititz Mutual Insurance Company through its local agent, William Maron, issued a fire insurance...

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