Fred Meyer, Inc. v. Central Mutual Insurance Company

KILKENNY, District Judge.

This diversity action is before the court, on plaintiff’s claims that defendant insurance companies are liable under certain insurance policies issued by them to plaintiff. The claims grow out of a loss of perishable food on October 12,. 1962. The food spoiled at sprinklered locations in plaintiff’s stores when a windstorm of hurricane force, destroyed electric power lines supplying the power to plaintiff’s refrigeration facilities. The facts are practically undisputed. The-wind, although damaging some of plaintiff’s property, did not touch the foodstuffs.

Central…