Halfhill Tuna Packing Co. v. Fisherman's Exchange Subscribers

Action to recover on a policy insuring property against loss by fire. Judgment in favor of the defendant, from which judgment the plaintiff appeals.

The policy insured plaintiff’s boat against loss by fire “while operated in the Pacific Ocean south of Monterey Bay on the north, east of 123 degrees west, and north of San Martin Island on the south. ’ ’ The fire and loss occurred at Hassler’s Cove, which is located on the east shore of San Martin Island and near the southerly end of that shore. Evidence was introduced to show that Hassler’s Cove is the only anchorage west of the coast available for the use of fishermen in packing their catch, and that it was the custom of fishermen in the vicinity of San Martin Island to anchor in that cove for that purpose; that about fifteen of the boats belonging to members of defendant association (of whom the plaintiff was one) made a practice of fishing in the vicinity of that island, and all of them used Hassler’s Cove for the purpose of packing their fish.

Basing their argument upon these facts, counsel for appellant seek to establish respondent’s liability by the application of two principles: First, that policies of insurance are to be…