Legal Opinion
Tony Garcia and Martha Garcia v. Aetna Casualty and Surety Company, a Foreign Corporation Doing Business in the State of Florida
Court of Appeals for the Fifth Circuit
Decided August 19, 1981No. 79-2470PublishedCited by 24 opinions
1Opinion of the Court
R. LANIER ANDERSON, III, Circuit Judge:
This is a diversity of citizenship action in which the appellants, Tony and Martha Garcia, sought to recover the proceeds of a fire insurance policy covering their home and furnishings issued by the appellee, Aetna Casualty and Surety Company (“Aetna”). At trial Aetna raised a number of defenses which are reduced to these three: (1) that the Garcias materially misrepresented the value of their house in their application for insurance by overstating the number of square feet in the dwelling; (2) that the Garcias misrepresented the loss of personal…
2Cases cited9 opinions
- United States v. Orange Jell BeechumCourt of Appeals for the Fifth Circuit · 1978
- Life Insurance Company of Virginia v. ShiffletSupreme Court of Florida · 1967
- Susie Mae Johnson, Cross-Appellee v. William C. Ellis & Sons Iron Works, Inc., Etc., Long Reach Manufacturing, Etc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1980
- National Standard Life Insurance Co. v. PermenterSupreme Court of Florida · 1967
- Garwood v. EQUITABLE LIFE ASSURANCE SOC. OF USDistrict Court of Appeal of Florida · 1974
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. JiminezCourt of Appeals for the Eleventh Circuit · 2009
- Kramas v. Security Gas & Oil Inc.Court of Appeals for the Ninth Circuit · 1982
- Jerry R. Warner, D/B/A Sportsman's Corner v. Transamerica Insurance Company, Jerry R. Warner, D/B/A Sportsman's Corner v. Transamerica Insurance Company, Jerry R. Warner, D/B/A Sportsman's Corner v. Transamerica Insurance CompanyCourt of Appeals for the Eighth Circuit · 1984
- J & H Auto Trim Co., Inc. v. Bellefonte Insurance Co.Court of Appeals for the Eleventh Circuit · 1982
- The Aetna Casualty and Surety Company v. Gwindle G. GosdinCourt of Appeals for the Eleventh Circuit · 1986
19 more not listed; retrieve them via the Exa API.