U.S. Court of Appeals for the Fifth Circuit, 1964

Phillip Chafetz v. Underwriters at Lloyd's London

Phillip Chafetz v. Underwriters at Lloyd's London
U.S. Court of Appeals for the Fifth Circuit · Decided May 13, 1964 · Rives, Bell, Wright
332 F.2d 152; 1964 U.S. App. LEXIS 5390 (Federal Reporter, Second Series)

Phillip Chafetz v. Underwriters at Lloyd's London

Opinion

PER CURIAM.

This appeal is by the plaintiff in a suit on a fire insurance policy from a judgment entered on a jury verdict adverse to him. There was sufficient evidence to warrant the submission to the jury of the defense based on the allegation that the fire was of an incendiary origin, and of appellant’s connection thereto. Moreover, there was no error in the charge to the jury, considering it as a whole, with respect to the standard of proof applicable to this defense. Cf. Hanover Fire Insurance Co. of N. Y. v. Argo, 5 Cir., 1958, 251 F.2d 80.

Affirmed.

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