Henry A. Kuckenberg v. Hartford Accident & Indemnity Company

226 F.2d 225 Henry A. KUCKENBERG, Harrict Kuckenberg and Lawrence Kuckenberg, Doing Business as Kuckenberg Construction Co., Appellants, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, a Corporation, Appellee. No. 14415. United States Court of Appeals Ninth Circuit. Oct. 19, 1955. Mautz, Souther, Spaulding, Denecke & Kinsey, Kenneth E. Roberts, Portland, Ore., for appellants. James Arthur Powers, Portland, Ore., for appellee. Before STEPHENS, BONE and HASTIE, Circuit Judges. HASTIE, Circuit Judge. 1 This is an appeal by an insured contractor from a judgment for the insurer disallowing a claim as beyond the coverage of a policy which insured against liability for damage 'caused by accident.' 2 Diversity of citizenship is the basis of federal jurisdiction. The insurance contract was executed in Oregon to protect the contractor from liability for damage incidental to his operations. It follows and is not disputed that Oregon law determines the critical question whether a policy which in terms insures against liability for property damage 'caused by accident' is properly construed to insure against the harm which occurred in this case. 3 The contractor had been engaged by the United…