Lewis Food Company of California, a Corporation v. Milwaukee Insurance Company, a Corporation

This is an action on two insurance policies by an insured against an insurer, based on their diversity of citizenship. ( 28 U.S.C. § 1332 .)

A fire occurred on December 20, 1954, on and in the Los Angeles premises occupied by appellant. Judgment was recovered on the first policy (No. 12073, insuring against loss of damage by fire to stock and merchandise) in the sum of $56,309.66, without interest or costs, and on the second policy (No. 11944, insuring against loss of equipment located on those premises) in the sum of $36,-223.66, without interest or costs — or a total of $92,533.32. Appellee was awarded its costs, taxed at $359.72. Appellant, dissatisfied with the judgment, appeals, and relies on five alleged errors:

(1) The court erred in holding the appraisers appointed acted within, and did not exceed their authority.

(2) The court erred in holding that the policies covered all goods and equipment owned by appellant, and that coverage was not limited to the street number addresses listed on the policies.

(3) The court erred in holding that certain goods and equipment stored elsewhere were not considered by the appraisers.

(4) The court erred in holding buildings described…