Employers Mutual Liability Insurance Company Of Wisconsin v. Pacific Inland Navigation Company

Good Law
358 F.2d 718·1966 U.S. App. LEXIS 6631
United States Court of Appeals for the Ninth CircuitApril 4, 196620273_1California315 words

Opinion

Opinion

358 F.2d 718 EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, a corporation, Appellant, v. PACIFIC INLAND NAVIGATION COMPANY, Inc., a corporation, as successor to Inland Navigation Company, Appellee. No. 20273. United States Court of Appeals. Ninth Circuit. April 4, 1966. Robert J. Hall, of Walsh & Margolis, Seattle, Wash., for appellant. Charles B. Howard, Richard W. Buchanan, of Summers, Howard, & LeGros, Seattle, Wash., for appellee. Before BARNES and BROWNING, Circuit Judges, and MATHES, Senior district judge. PER CURIAM: 1 The insurer appeals from a judgment predicated upon a finding that appellant's policy covered appellee's liability to the Port of Pasco, Washington, for fire damage to one of the port's docks proximately caused by an explosion of appellee's gasoline barge. 2 Federal diversity jurisdiction is invoked. The law of Washington governs. (See: Wilburn Boat Co. v. Fireman's Fund Ins. Co., 348 U.S. 310 , 75 S.Ct. 368 , 99 L.Ed. 337 (1955); Erie R.R. Co. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938).) 3 The Washington Courts follow, as does this Court, the general rule that typewritten provisions control, where inconsistent with…

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