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Civil Procedure Keyed to Field
Columbia Horse & Mule Commission Co. v. American Ins. Co.
Citation:
173 F.2d 773 (6th Cir. 1949)Facts
Columbia Horse & Mule Commission Co. and John Dodd sought recovery under an insurance policy for mules destroyed in a fire near Dickson, Tennessee. In an affidavit accompanying the proof of loss and in trial testimony, Dodd asserted that 43 mules were lost in the fire. The case was submitted to the jury for special verdict on two issues by agreement of counsel. The jury found for appellants on whether the fire was intentionally set and found that 34 mules, not 43, were actually destroyed based on testimony of witnesses who examined the premises immediately after the fire. The insurance policy contained a standard provision voiding coverage if the insured concealed or misrepresented any material fact. The district court dismissed the action, concluding that the proof of loss claiming 43 mules constituted willful and material misrepresentation and false swearing in violation of the policy, and that there was no evidence of the value of the 34 mules.
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