Legal Opinion

Ætna Ins. v. Sacramento-Stockton S. S. Co.

Court of Appeals for the Ninth Circuit

Decided May 6, 1921No. 3601PublishedCited by 29 opinions

In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action by the Sacramento-Stockton Steamship Company against the .¿Etna Insurance Company and others. Judgment for plaintiff, and defendants bring, error.

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In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action by the Sacramento-Stockton Steamship Company against the .¿Etna Insurance Company and others. Judgment for plaintiff, and defendants bring, error. The defendant in error brought an action against three insurance companies to recover on three several policies, whereby they insured the steamer Monarch against the perils enumerated therein, and alleged that on about April 15, 1915, the steamer was wrecked and totally lost by perils insured…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). One of the questions involved on the writ of error is whether or not the vessel was lost through a peril covered by the policies. The defendants contend that each policy limited the perils insured against to fire and collision, as expressed in the rider which was attached to each. The riders were printed forms, and are identical, but there is^some difference in the marginal indorsements on the policies and in the portions of the bodies of the policies which were deleted. The riders begin thus:

“This policy is to cover only as follows: Loss or damage caused…

2Cases cited7 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. National Bank v. Insurance Co.Supreme Court of the United States · 1878
  3. Insurance Co. v. MowrySupreme Court of the United States · 1878
  4. New York & P. R. S. S. Co. v. Ætna Ins.Court of Appeals for the Second Circuit · 1913
  5. Merchants' Insurance v. AllenSupreme Court of the United States · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. ætna Ins. Co. v. Houston Oil & Transport Co.Court of Appeals for the Fifth Circuit · 1931
  2. Fageol Truck & Coach Co. v. Pacific Indemnity Co.California Supreme Court · 1941
  3. L. J. Dowell, Inc. v. United Pacific Casualty InsuranceWashington Supreme Court · 1937
  4. Ness v. National Indemnity Company of NebraskaDistrict Court, D. Alaska · 1965
  5. United States Shipping Board Emergency Fleet Corp. v. Rosenberg Bros.Court of Appeals for the Ninth Circuit · 1926

24 more not listed; retrieve them via the Exa API.

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