Donald W. Cumbest and American National Insurance Company v. Phoenix of Hartford Insurance Company

Donald W. Cumbest sued appellant Phoenix of Hartford Insurance Company on an insurance policy, alleging destruction of his house by windstorm during Hurricane Camille on August 17, 1969. The coverage of the house by the policy was $60,000 and the coverage of the contents was $16,000. The trial resulted in a jury verdict for appellee Cumbest in the amount of $70,000.

As the appellants did in Home Insurance Co., New York v. Sherrill, 5 Cir., 1949, 174 F.2d 945, and in Royal Insurance Co., Ltd., v. Martinolich, 5 Cir., 1950, 179 F.2d 704, this appellant comes to this court complaining solely of…