Upper Columbia River Towing Co., a Corporation v. Maryland Casualty Company, a Corporation, (Two Cases)

Upper Columbia River Towing Company (herein appellant) appeals from an adverse judgment of the United States District Court for the District of Oregon. The district court had jurisdiction by virtue of diversity of citizenship of the parties and the existence of the requisite jurisdictional amount. Jurisdiction is conferred upon this court under the provisions of 28 U.S.C. § 1291 .

The questions raised on this appeal are in general (1) whether the district court erred in not finding as a matter of law that the accidents to be discussed hereafter were within the coverage of a comprehensive liability insurance policy issued by appellee to appellant; and (2) whether the district court erred in refusing to submit to the jury appellant’s contentions that appellee negligently investigated the accidents and had waived its right to deny or was estopped from denying coverage under the policy.

The facts, which will be amplified during our discussion of the issues, are briefly as follows. On June 30, 1959, Charles Pugh was injured at the Mc-Kenna Dock in Coos Bay and on August 10, 1959, Gordon McIntosh was injured at the Pulp Mill iDock in Coos Bay. In each case, the injury occurred aboard…