The Camden Fire Insurance Association v. Jean Higginson Harden

334 F.2d 620

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 5, 1964
• Docket: 21143
• Status: Published

Opinion

PER CURIAM.

This is an appeal from a judgment for the insured, entered pursuant to a jury verdict, upon a burglary insurance policy. Our examination of the record reveals evidence from which the jury could conclude that a burglary within the meaning of the policy definition occurred. 1

It is likewise clear that whether the insured was guilty of fraud or false swearing, which under its terms made the policy void, was properly a question for jury determination. Chaachou v. American Cent. Ins. Co., 5 Cir., 1957, 241 F.2d 889.

The other asserted errors having been examined and found to be without merit, the judgment is affirmed.

Affirmed.

1 . The policy defined burglary for the purposes of the policy as follows:

“5. Burglary: The term burglary shall mean the felonious taking of property from within a building or room by a person who has made a felonious entry into the building or room by force or violence, of which there are visible marks by tools or explosives at the place of such entry.”