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NALL v. AMERICAN HOME ASSURANCE COMPANY

No. 73-2281. Summary Calendar.

486 F.2d 298 (1973)

W. H. NALL, Plaintiff-Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 6, 1973.

Attorney(s) appearing for the Case

D. Wayne Childress, W. Borden Strickland, Mobile, Ala., for plaintiff-appellant.

Broox G. Holmes, Norman E. Waldrop, Jr., Mobile, Ala., for defendant-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

An Alabama statute provides that misrepresentation by the insured on an application for an insurance policy may serve as a reason to void the policy only if the misrepresentation is made "with actual intent to deceive" or if "the matter misrepresented increased the risk of loss".1 The sole issue on appeal in this diversity case is whether the district court properly granted the defendant insurance company's motion for a judgment...

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