MAE M. JACKSON, APPELLANT,
v.
THE AMERICAN MUTUAL FIRE INSURANCE COMPANY, APPELLEE
MAE M. JACKSON, APPELLANT,
THE AMERICAN MUTUAL FIRE INSURANCE COMPANY, APPELLEE
410 F.2d 395
United States Court of Appeals for the Fourth Circuit (1969)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
A homeowners policy was issued to Mae M. Jackson by the American Mutual Fire Insurance Company, among the terms of which she was insured against loss to her property, in the Town of Robbins, North Carolina, by “explosion” or by “accidental discharge, leakage or overflow of water or steam from within a plumbing, heating, or air conditioning system or domestic appliance”. After a heavy rainfall on February 15, 1966, while the insurance was in effect, sewage from the municipal sewerage system backed up into the plaintiff’s dwelling-house, through her private sewer line, and seriously damaged her property.
In the insured’s suit against the company, after it declined to indemnify her, the insurer pleaded the policy’s clause excluding from coverage “loss caused by, resulting from, contributed to or aggravated by * * * water which backs up through sewers or drains”.
The defense was upheld and the action dismissed by the District Judge, after a jury-waived trial. His decision rests upon findings of fact and conclusions of law stated in an opinion evincing entire familiarity with the record and complete grasp of the issues. Jackson v. American Mutual Fire Insurance Company, 299 F.Supp. 151 (M.D.N.C.1968). We affirm on this opinion.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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OLD Dominion Ins. Co. v. Elysee, Inc., 601 So. 2d 1243 (Fla. 1st DCA 1992)
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Fla. Farm Bureau Ins. Co. v. Birge, 659 So. 2d 310 (Fla. 2d DCA 1994)