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FIRST REG. BAPT. CH. OF FRANKLIN, OHIO v. INSURANCE CO. OF N. A.

No. 20740.

444 F.2d 279 (1971)

FIRST REGULAR BAPTIST CHURCH OF FRANKLIN, OHIO, Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied and as Amended July 9, 1971.

Attorney(s) appearing for the Case

James Gustin, Cincinnati, Ohio, for appellant.

Edward J. Utz, Cincinnati, Ohio, on brief.

George H. Elliott, Middletown, Ohio, for appellee; George H. Elliott, Elliott & Boyd, Middletown, Ohio, James D. Ruppert, Ruppert, Kirby & Powers, Franklin, Ohio, on brief.

Before WEICK, EDWARDS and BROOKS, Circuit Judges.

WEICK, Circuit Judge.

The only issue in this appeal is whether the Insurance Company is estopped from invoking the 90% co-insurance clause in a fire insurance policy.

The Church owned a structure in Franklin, Ohio, consisting of a sanctuary building of the vintage of 1893, which was connected to a new educational building constructed in 1964, at a cost of $300,000.

Prior to the issuance of the policy of fire insurance in suit, the insurance business...

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