Aetna Casualty & Surety Co. v. Cunningham
United States Court of Appeals for the Fifth Circuit
224 F.2d 478 (1955)
Cunningham (defendant) failed to complete a construction project he had been hired for; Aetna's (plaintiff) insurance policy funded a replacement contractor to finish the job, and Aetna sued Cunningham to recover the money it paid out, arguing both that its policy entitled it to recover and, separately, that Cunningham committed fraud in obtaining the policy. The district court ruled for Aetna on the policy theory but found no fraud, making Aetna financially whole even though it lost on the fraud claim.
Whether a plaintiff who is denied a specific form of relief it sought — whether in amount or in the theory relied upon — has a right to be heard on appeal even after prevailing and recovering under another theory.