Gillis

Gillis v. Sun Insurance Office, Ltd.

Good Law

1965 Cal. App. LEXIS 1153·238 Cal. App. 2d 408·47 Cal. Rptr. 868·25 A.L.R. 3d 564

Court of Appeal of CaliforniaNovember 26, 1965Civ. 22482California6,962 words

Opinion

Sims, J.

Defendant insurer has appealed from a judgment, following trial by the court, which awarded plaintiff, as assignee of the alleged insured under its policy, the sum of $3,365.03, together with interest from April 18, 1963, on account of a loss which the trial court found came within the provisions of the policy.

Appellant contends that the owner of the property, which is one of plaintiff’s assignors, was not a party to the contract of insurance; that the loss was one which is excluded by the terms of the policy; and that the damages are erroneously computed. The foregoing contentions are accompanied by specific assignments of alleged errors of the lower court in making its findings of fact and conclusions of law, and in failing to find as requested by appellant.

An examination of the record reflects that the findings of fact made by the trial court, and its conclusions of law and the judgment which are predicated thereon are, with the exception of a minor adjustment to the amount of damages, sustained by the evidence and the applicable law.

The pertinent facts, as set forth in the findings and where disputed, as reflected by the evidence, are as follows:

During the period from…

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Parties

NANCY J. GILLIS
Plaintiff
SUN INSURANCE OFFICE, LTD.
Defendant

Judges

Sims

Cites (49)

184 Cal. App. 2d 142
196 Cal. App. 2d 363
38 Cal. 541
191 Cal. App. 2d 674
136 Cal. App. 158
124 Cal. App. 79
132 Cal. App. 283
13 Cal. App. 2d 551
113 Cal. App. 577
82 Cal. App. 2d 120
128 Cal. 71
27 Cal. App. 2d 225
34 Cal. 2d 20
212 Cal. 626
218 Cal. App. 2d 869
205 Cal. App. 2d 409
136 Cal. App. 2d 689
92 Cal. App. 2d 222
119 Cal. App. 605
127 Cal. App. 2d 407
59 Cal. 2d 21
158 Cal. 367
116 Cal. App. 518
86 N.J. Super. 391
370 S.W.2d 206
196 S.W. 560
222 S.W. 973
57 F. Supp. 112
155 F.2d 988
225 Cal. App. 2d 275
250 F.2d 130
114 F.2d 702
65 F. 628
108 Ga. App. 339
246 Wis. 625
8 Ind. App. 22
223 S.W.2d 329
196 S.W.2d 560
104 Ga. App. 431
231 Minn. 469
289 Pa. 13
160 Pa. Super. 66
40 So. 2d 40
197 Okla. 137
199 Cal. App. 2d 239
229 Cal. App. 2d 728
129 Cal. App. 2d 853
9 Cal. 2d 336
16 Cal. App. 2d 39