Galanis

Galanis v. Mercury Internat. Ins. Underwriters

Good Law
1967 Cal. App. LEXIS 1724·247 Cal. App. 2d 690·55 Cal. Rptr. 890
Court of Appeal of CaliforniaJanuary 12, 1967Civ. 23262California3,283 words

Opinion

Opinion

Molinari, J.

Plaintiffs, the surviving heirs of seven passengers aboard a crashed airplane, appeal from the respective judgments of dismissal entered upon orders sustaining defendants’ general demurrers to their complaints without leave to amend. Although the cases of the respective plain tiffs are pending before this court as seven separate appeals, they raise the identical issue, namely, whether plaintiffs’ complaints state a cause of action against defendants. Accordingly, we consider them together.

As against defendants, Mercury International Insurance Underwriters, Mutual of Omaha Insurance Company, Fidelity and Casualty Company of New York and Arnold 0. Bennett, plaintiffs’ complaints in all seven cases alleged as follows : That on May 6, 1964 defendants sold $105,000 worth of life insurance to one Frank Gonzales covering a round trip by airplane from San Francisco International Airport to Reno, Nevada, and return; that this insurance was sold to Gonzales as part of defendants’ over-the-counter automatic vending machine sales program; that “although the sale of life insurance to an airplane passenger, covering a specified trip, presents the conspicuous hazard that the passenger will…

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