HOME GUAR. INS. v. NUMERICA FINANCIAL SERVICES

No. 87-3144.

835 F.2d 1354 (1988)

HOME GUARANTY INSURANCE CORPORATION, a Virginia corporation, Plaintiff-Appellant, v. NUMERICA FINANCIAL SERVICES, INC., a Florida corporation, Berkeley Federal Savings and Loan Association, Defendants-Appellees, Federal National Mortgage Association, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

January 19, 1988.


Attorney(s) appearing for the Case

Waren E. Zirkle, McGuire, Woods, Battle & Boothe, Richmond, Va., Raymond F. Scannell, Robert T. Billingsley, Tampa, Fla., for plaintiff-appellant.

Cristina L. Mendoza, Murai, Wald, Biondo, Matthews & Moreno, Miami, Fla., for Mortgage Ins. Companies of America.

Arthur J. England, Jr., Fine, Jacobson, Schwartz, Nash, Block & England, Miami, Fla., William C. Frye, Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, Fla., David M. Snyder, Mortgage Bankers Assoc. of Fla & Alliance Mortgage; John F. Corrigan, Ulmer, Murchison, Ashby Taylor & Corrigan, Jacksonville, Fla., Harold D. Murry, Jr., Washington, D.C., for defendants-appellees.

Before FAY and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.


FAY, Circuit Judge:

This is an interlocutory appeal from a case being considered by the federal district court for the Middle District of Florida. Home Guaranty Insurance Company ("HGIC") sought a declaration that certain certificates of insurance it issued to Numerica Financial Services, Inc. ("Numerica") are void due to material misrepresentations in the applications for insurance. The district court found that the statute under which HGIC proceeded does not apply...

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