Southwestern Graphite Co. v. Fidelity & Guaranty Ins. Corp

HOLMES, Circuit Judge.

The appellants instituted this action on ai five-year insurance policy, dated April 14, 1942, for losses by fire to real and personal property at Southwestern Graphite Company's plant in Texas. The fire occurred on February 13, 4947. The appellants sued on the policy in its original form and, in the alternative, on the policy as modified orally and in writing by the insurer acting through its agent, John L. Garner, Jr. The basic issue raised on this appeal is whether said policy was. in force on the date of the fire and, if so, whether it covered the loss. The policy was…