Stivers v. National American Insurance

HAMLEY, Circuit Judge.

The owner of a fruit-packing plant brought this action against four fire insurance companies which had rejected fire-loss claims filed under policies which they had issued. After a nonjury trial, judgment was entered for defendants. Plaintiff appeals.

The question for determination here is whether the policies were in suspension at the time of the fire because of asserted noncompliance with policy provisions relating to occupancy of the insured buildings. The trial court held that the policies were in suspension.

Appellant, Morgan Stivers, was the owner of an orange…