C. F. Lytle Co. v. Hansen & Rowland, Inc.

Appellants and defendants, C. F. Lytle Company, Inc., and Green Construction Company, joint venturers, here appeal from a judgment of the district court, jury being waived, that plaintiff and appellee, Hansen & Rowland, Inc., agents of the Phoenix Indemnity Company and assignee of its claim for insurance premiums, were entitled to judgment in the sum of $16,153.73 plus interest and costs. The claim was for short-rate public liability and property damage insurance premiums covering the period from June 17, 1942, to September 1, 1942. Jurisdiction of the district court was based upon diversity of citizenship, pot properly alleged in the petition for removal from the Washington state court but sufficiently appearing in the record.

There are two grounds of appeal. First, it is claimed that the insurance policy as written included only employees of appellants and their associate unit contractors, and hence should have been, but was not, construed to exclude the great bulk of the 1200 workers involved, who are urged to be rather employees of the United States Government. Second, it is claimed that another typewritten policy endorsement restricted policy coverage to operations…