Underwriters Insurance Company v. Groner, 19872.
| Decision Date | 14 March 1963 |
| Docket Number | No. 19872.,19872. |
| Citation | 314 F.2d 338 |
| Parties | UNDERWRITERS INSURANCE COMPANY, Appellant, v. William GRONER, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Geo. J. Baya, Miami, Fla., for appellant.
Sol Maisel, Michael M. Tobin, Edward A. Moss, Tobin, Rubin & Salmon, Miami, Fla., for appellee.
Before TUTTLE, Chief Judge, WOODBURY, Chief Judge*, and BELL, Circuit Judge.
It appearing that the trial was conducted by both parties on the assumption that a hurricane occurred on the night that the insured house was destroyed, we conclude that there was sufficient evidence submitted to the jury to warrant its finding that the damage was occasioned by windstorm and not from an excepted cause. We likewise conclude that the question of fraud was one for the jury, and that the fraud issue was adequately presented to the jury by the court's charge.
* Chief Judge of the First Circuit, sitting by designation.
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...v. Goldstein, 674 So. 2d 880, 881 (Fla. 3d DCA 1996) (describing Hurricane Andrew as "the ultimate windstorm"); Underwriters Ins. Co. v. Groner, 314 F.2d 338, 339 (5th Cir. 1963) (affirming judgment where the parties conducted trial on the assumption that a hurricane occurred on the night t......
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Groner v. Underwriters Ins. Co.
...prejudice to the parties' rights to pursue such remedies, if any, as may hereafter accrue. Reversed. 1 Underwriters Insurance Company v. Groner, 314 F.2d 338 (5th Cir. 1963).2 Underwriters Insurance Company v. Sisung, Fla.App.1965, 174 So .2d ...