CENTRAL NAT. INS. CO. v. DEVONSHIRE COVERAGE CORP.

Nos. 76-1768, 76-1718.

565 F.2d 490 (1977)

CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, a Nebraska Corporation, Appellee-Appellant, v. DEVONSHIRE COVERAGE CORPORATION, a California Corporation, Appellant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1977.


Attorney(s) appearing for the Case

John W. Morrison, Karon, Morrison & Savikas, Chicago, Ill., for Devonshire Coverage Corp.; Victor G. Savikas and Stephen J. Spitz, Chicago, Ill., on brief.

Frank Matthews, Omaha, Neb., for Central Nat. Ins. Co. of Omaha; Martin A. Cannon of Matthews, Kelley, Cannon & Carpenter, Omaha, Neb., on brief.

Before LAY, WEBSTER and HENLEY, Circuit Judges.


WEBSTER, Circuit Judge.

On October 27, 1973, the clubhouse at the Drexelbrook Apartments in Upper Darby, Pennsylvania, was substantially destroyed by fire. The property was insured by appellant, Central National Insurance Company. In a subsequent indemnity action brought by Central National against its general agent, Devonshire Coverage Corp., the District Court1 held that because Devonshire had breached a provision of its agency agreement...

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