Kaifer v. Georgia Casualty Co.

MACK, Circuit Judge.

This appeal is from a judgment for defendant in an action at law on an indemnity insurance poliey issued by defendant. Jury was waived and the cause submitted to the court. The only evidence was the stipulation of facts. No motion was made by either party for a declaration of law or its equivalent. The court made no special findings, but found generally for the defendant on its conclusion of law that the exclusion clause of the poliey was applicable under the facts as stipulated and absolved the defendant from liability. Disregarding, in view of the result reached by us,…