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PALACE ENTERTAINMENT, INC. v. BITUMINOUS CAS. CORP.

No. 85-2285.

793 F.2d 842 (1986)

PALACE ENTERTAINMENT, INC., Charles Richard Botts, II, and Ann Fultz Botts, Plaintiffs-Appellees, v. BITUMINOUS CASUALTY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 12, 1986.

Attorney(s) appearing for the Case

Richard D. McIntyre, Sr., McIntyre & McIntyre, Bedford, Ind., for plaintiffs-appellees.

James T. Ferrini, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, Ill., for defendant-appellant.

Before WOOD and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

RIPPLE, Circuit Judge.

This action was brought by the plaintiffs to enforce the terms of an insurance policy issued by the defendants on the Palace Theatre. After the theatre was destroyed by fire on February 8, 1983, plaintiffs filed a proof of loss statement. This claim was rejected by the defendant insurance company on the grounds that the fire had been intentionally set and the amount of loss claimed had been misrepresented. Plaintiffs filed suit to recover on...

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