Security Mutual Casualty Company v. Affiliated Fm Insurance Company

WEBSTER, District Judge.

This is an appeal from a declaratory judgment in favor of Security Mutual Casualty Company, et al. (Security), plaintiffs below, exonerating Security from any liability to appellant Affiliated FM Insurance Company (Affiliated) on account of a certain contract of reinsurance between the parties in respect to a $6,988,000 fire loss in Newark, New Jersey on December 31, 1967. The factual issues were submitted to a jury upon special findings, pursuant to Fed.R.Civ. P. 49(a). Based upon findings of the jury that defendant had made misstatements or concealments of material…