National Fire Insurance Company v. Housing Development Company

FAY, Circuit Judge:

This appeal challenges the submission of the affirmative defenses of waiver and estoppel in an action for breach of two workers’ compensation insurance contracts. National Fire Insurance Company (hereinafter National Fire) brought a diversity action against Housing Development Corporation (hereinafter HDC) for the recovery of amounts allegedly due as unpaid earned premiums. The jury rendered a verdict for HDC. Because we find that the evidence presented was insufficient for the jury to consider the defenses of waiver and estoppel, we reverse and remand for a new trial.

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