ADAMS MACHINE & TOOL CO., INC. v. MFB MUTUAL INS. CO.

No. 72-1322.

479 F.2d 439 (1973)

ADAMS MACHINE & TOOL COMPANY, INC., Plaintiff-Appellee, v. MFB MUTUAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 13, 1973.


Attorney(s) appearing for the Case

Sam F. Lowe, Jr., Atlanta, Ga., Oscar M. Smith, Rome, Ga., for defendant-appellant.

John K. Morgan, Chattanooga, Tenn., Bobby Lee Cook, A. Cecil Palmour, Summerville, Ga., for plaintiff-appellee.

Before GEWIN, BELL and GODBOLD, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 13, 1973.

BELL, Circuit Judge:

This appeal arises out of a fire loss. The defenses were arson, increase of hazard, and fraud in the examination under oath. The jury returned a verdict for the plaintiff-insured in the amount of $1,038,945.00. Thereafter, the defendant-insurer (MFB), produced a witness who claimed that he participated with the president of plaintiff corporation in the alleged arson. A motion for...

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