TYBER v. GREAT CENTRAL INS. CO.

No. 76-1971.

572 F.2d 562 (1978)

Isidore TYBER, Plaintiff-Appellee, v. GREAT CENTRAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 31, 1978.


Attorney(s) appearing for the Case

Harry Weill, Weill, Ellis, Weems & Coperland, Chattanooga, Tenn., for defendant-appellant.

Harry Berke, Berke, Berke & Berke, Chattanooga, Tenn., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and WEICK, Circuit Judge, and CECIL, Senior Circuit Judge.


PHILLIPS, Chief Judge.

This is an action upon an actual cash value fire insurance policy issued by appellant Great Central Insurance Company (hereinafter Great Central) for appellee's store which was damaged by fire on April 20, 1975. Subsequently, Great Central received notice of the damage and offered to pay appellee $24,464.90. Appellee, however, refused to accept the tendered payment, claiming alternatively on various occasions that the loss was valued at $33...

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