Northern Assurance Co. v. Spencer

CRAVEN, Chief Judge.

Northern Assurance Company of America (hereinafter called Northern) brings this action for declaratory judgment under Title 28 U.S.C.A. §§ 2201 and 2202 to obtain a declaration of its rights and liabilities under a homeowners fire insurance policy issued to David S. Spencer.

Jurisdiction is based upon diversity of citizenship.

Rejecting hearsay and other incompetent evidence which may have been erroneously received, I find from the competent evidence and by its greater weight the facts to be as follows:

Spencer owned a house and lot at 1517 Seventeenth Avenue, Hickory, North…