Wigle v. Aetna Casualty and Surety Company

MARTIN, Circuit Judge,

sitting by designation.

The Court accepts as findings of fact the stipulation and agreement of facts between the parties, submitted through their respective attorneys, September 1, 1959.

Conclusions of Law.

With respect to the law governing this case, the Court finds the following controlling rules of law;

(1.) Insurance policies cover only risks, not certainties. Therefore, a policy insuring against “perils of the sea” covers only fortuitous events resulting in loss, rather than events which must happen. Perils of the sea must be “of the sea” and not merely “on the sea”.…