Pruitt v. Hardware Dealers Mut. Fire Ins. Co.

SIBLEY, Circuit Judge.

The fire insurance policy sued on covered a stock of merchandise in a four story brick building in Gainesville, Georgia, which collapsed and burned at the time of a tornado at about 8:30 A. M. on April 6, 1936. lu defense was pleaded a clause in the policy, ‘Tf a building or any part thereof fall, except as the result of fire, all insurance by this policy on such building or its contents shall immediately cease.” The insurance company moved for an instructed verdict, but under Rule of Civil Procedure SO, 28 U.S.C.A. following section 723c, decision of the motion was…