Legal Opinion

James K. Wilkinson and Charmine Wilkinson v. The Home Insurance Company

Court of Appeals for the Ninth Circuit

Decided January 25, 1978No. 77-2330PublishedCited by 1 opinion

1Per curiam

The Home Insurance Company (“Home”) appeals from a summary judgment in favor of the Wilkinsons in their action to recover for the loss of a tender which they claimed was covered by their yacht insurance policy with Home. The issue is whether the loss of the tender was excluded under the terms of the policy because the property was stolen while it was tied up on the beach and the policy excluded loss by theft “unless the property be in a fully enclosed area into which there be visible evidence of forcible entry or unless the property be forcibly removed from the yacht.”

Home insured the…

2Cases cited6 opinions

  1. Kalmbach, Inc. v. The Insurance Company of the State of Pennsylvania, Inc.Court of Appeals for the Ninth Circuit · 1976
  2. Industrial Indemnity Company v. Aetna Casualty and Surety CompanyCourt of Appeals for the Ninth Circuit · 1972
  3. First Insurance Company of Hawaii, Ltd., a Hawaii Corporation v. Continental Casualty Company, an Illinois CorporationCourt of Appeals for the First Circuit · 1972
  4. John Tenopir v. State Farm Mutual Co.Court of Appeals for the Ninth Circuit · 1968
  5. Jean C. Potts, Widow and Beneficiary of John F. Potts, Deceased v. Continental Casualty Company, an Illinois CorporationCourt of Appeals for the Ninth Circuit · 1971

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3Cited by1 opinion

  1. Berry v. Blue Cross of Washington and AlaskaDistrict Court, W.D. Washington · 1993

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