Rosa v. Insurance Company of State of Pennsylvania

421 F.2d 390 Manuel G. ROSA, Managing Owner, Circle L Investment Corporation, Antonia Garcia Da Rose, John H. Avila, Manuel Pestana, Victorino Garvia Da Rosa, Manuel De Souza, Jose Da Graca, Jose Enginio Da Graca, Edward J. Correia, Plaintiffs-Appellees, v. The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, a corporation, Defendant-Appellant. No. 24442. United States Court of Appeals Ninth Circuit. Jan. 21, 1970. William James Zumwalt, San Diego, Cal., for defendant-appellant. Robert O. Curran (argued), of Curran, Golden, McDevitt & Martin, San Diego, Cal., for plaintiffs-appellees. Before MERRILL and ELY, Circuit Judges, and CROCKER, * District judge. MERRILL, Circuit Judge. 1 This is a suit on two marine insurance policies: one covering the hull and skiff of the fishing vessel, Belle of Portugal; the other covering the cargo. 2 The Belle of Portugal, sailing out of San Diego, was lost at sea off the coast of South America on December 19, 1966. Cause of the loss was an electrical fire. The crew abandoned ship, took to the power skiff and were picked up by a British freighter, the Port Adelaide. The crew of the Port Adelaide attempted to hoist the skiff aboard but was…