F. C. STILES CONTRACTING CO. v. HOME INSURANCE CO.

No. 20117.

431 F.2d 917 (1970)

F. C. STILES CONTRACTING COMPANY, Inc., Plaintiff-Appellee, v. The HOME INSURANCE COMPANY, a corporation, American Employers Insurance Company, a corporation, and National Union Fire Insurance Company, a corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

September 18, 1970.


Attorney(s) appearing for the Case

Laurence D. Smith, Grand Rapids, Mich. (Schmidt, Smith & Howlett, Grand Rapids, Mich., on the brief), for appellants.

Roger M. Clark, Grand Rapids, Mich. (Harold S. Sawyer, Warner, Norcross & Judd, Grand Rapids, Mich., on the brief), for appellee.

Before EDWARDS, PECK and BROOKS, Circuit Judges.


BROOKS, Circuit Judge.

Plaintiff-appellee, F. C. Stiles Contracting Company, brought this diversity action to recover $24,030.22 on three separate but identical value reporting fire insurance policies1 issued by defendants-appellants, Home Insurance Company, American Employers Insurance Company, and National Union Fire Insurance Company. When the policies were issued, by their terms it was agreed that Home Insurance would assume fifty...

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