Tires, Inc. v. The Travelers Fire Insurance Company

WARLICK, District Judge.

This is an appeal by Tires, Inc., from a judgment entered against it in the District Court on the verdict returned by a jury, in an action brought by appellee under the Federal Declaratory Judgment Act, 28 U.S.C.A. § 2201.

Plaintiff below, the Travelers Fire Insurance Company, on June 26, 1954, issued to appellant its certain fire insurance policy, No. 2793958, with an extended coverage endorsement attached, for a five year period. An added premium was paid by the insured for such extended coverage. The material parts of the rider are set out in the policy as follows:

“In…