Marshall

Marshall v. World Fire & Marine Ins.

Good Law
149 F.2d 902·1945 U.S. App. LEXIS 3480
United States Court of Appeals for the Ninth CircuitJune 18, 1945No. 10866California1,367 words

Opinion

Lead Opinion

Bone, J.

Appellant delivered a valuable finger ring to one Flato, a Los Angeles jeweler, for the purpose of its sale through Flato. While in his possession as bailee, the Flato store was robbed and the ring was stolen. Flato had previously purchased from appellee a policy of insurance of a type known as a Jewelers’ Block Policy and this policy was in effect on the day of the theft of the ring. It had been issued and delivered in New York State and the lower court found that its terms and conditions were to be performed in New York State and that it had been issued, delivered to and paid for therein by a resident and citizen of that State (Flato) and the contract of insurance should be interpreted according to the laws of that State. The court also found that appellant was a citizen of the State of California and appellee a citizen of the State of Connecticut. The amount in controversy (the value of the ring) was $25,000. The record sustains these findings.

Appellant held a policy of insurance from another insurance company, insuring her ring against loss in the sum of $20,000 and said policy was in force and effect when her ring was stolen from Flato. This policy covered appellant’s ring…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.