POWELL v. MERRIMACK MUT. FIRE INS. CO.

No. 81-7102.

667 F.2d 26 (1982)

Charles L. POWELL, Plaintiff-Appellant, v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 1, 1982.


Attorney(s) appearing for the Case

G. Michael Hartley, Joseph H. Fowler, Douglasville, Ga., for plaintiff-appellant.

Swift, Currie, McGhee & Hiers, Clayton H. Farnham, Atlanta, Ga., for defendant-appellee.

Before TUTTLE, HILL and JOHNSON, Circuit Judges.


TUTTLE, Circuit Judge:

This is an appeal by the homeowner from a jury verdict denying him recovery against his insurance company for a fire loss which the jury found attributable to the plaintiff's voluntary action.

It was not seriously disputed at the trial or here that the fire at the plaintiff's homeplace was of incendiary origin nor is it disputed that at the time of the fire the plaintiff was deeply indebted on a number of purchase contracts for motor...

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