Home Ins. v. Sherrill

SIBLEY, Circuit Judge.

Appellee, Mrs. H. V. Sherrill, sued appellant for $7,500, plus an agreed adjustment for unearned premium, on a policy insuring her to that amount on a building on the water front of the Gulf of Mexico in Biloxi, Mississippi, against direct loss by windstorm. The policy also provided: “This Company shall not be liable for loss caused directly or indirectly by (a) frost or cold weather or (b) snowstorm, tidal wave, high water or overflow, whether driven by wind or not.” The pleadings admitted, by not denying, that the building was totally destroyed in a hurricane on Sept.…