Fox West Coast Theatres, Inc. v. Union Indemnity Co.

This action was brought to recover upon a policy of insurance providing coverage for loss of property in the Coliseum theater, in Seattle, occasioned by robbery. The cause was tried to the court, which found that the manager and assistant manager of the theater were the custodians of the property at the time it was stolen, “having the care and custody thereof,” and that the theater “was open for business at the time of said robbery.” From the judgment entered in favor of the plaintiffs, the defendant appealed.

The facts are as follows: The Coliseum theater in Seattle was operated by…