Nationwide Mutual Fire Insurance v. Walter

MEMORANDUM

LIMBAUGH, District Judge.

Plaintiff Nationwide Mutual Fire Insurance Company (Nationwide) initiated this declaratory judgment action wherein plaintiff has requested this Court to declare the rights of the parties under a certain policy of insurance with respect to fire claims made by Walter Fleming and Teresa Fleming. Defendants counterclaimed for the loss occasioned by the fire. Plaintiff’s complaint proceeded to trial and was tried before this Court sitting without a jury on March 15, 1990. The Court, having considered the pleadings, the testimony of the witnesses, the documents in…