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KOLLS v. AETNA CASUALTY AND SURETY COMPANY

No. 74-1195.

503 F.2d 569 (1974)

James E. KOLLS and Life Investors, Inc., Appellants, v. AETNA CASUALTY AND SURETY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 16, 1974.

Attorney(s) appearing for the Case

Max Putnam, Des Moines, Iowa, for appellants.

Eugene Davis, Des Moines, Iowa, for appellee.

Before MATTHES, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This is a diversity cause of action for recovery of benefits under a fire insurance policy. The appellants, James E. Kolls and Life Investors, Inc., sued appellee Aetna Casualty and Surety Company for additional benefits over and above the stipulated cash value of the lost property, $631,955.00, which Aetna had previously paid. The trial court1 found for Aetna holding that it had previously paid all agreed sums...

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