Swanstrom

Swanstrom v. Insurance Co. of North America

Good Law
100 F. Supp. 374·1951 U.S. Dist. LEXIS 3939
United States District Court, Southern District of CaliforniaJuly 13, 1951No. 12947California990 words

Opinion

lead Opinion

Harrison, J.

Plaintiff purchased from the defendant in August 1947 a personal property floater policy for a term of three years. The policy purports to insure all personal property owned by the plaintiff, except as otherwise provided, against all risks of loss or damage, except as otherwise provided, including unscheduled personal property up-to the amount of $12,000. The policy contained the exclusion clauses customarily-found in the personal property floater type policy. The clause relied upon by defendant to relieve it from liability under the policy is the 'business property exclusion’’ clause which reads as follows:

The meaning of this clause is the only-issue to be decided by this action.

*375 For a considerable period, of time the plaintiff has collected objects of art and antiques. Prior to the day of the fire this property had been placed in a restaurant owned and operated by the plaintiff. The property was being used in the decoration and adornment of the restaurant. It was this property which was damaged in the fire that occurred in the restaurant on July 18, 1950.

It is stipulated that all of the property which is the subject of this suit is unscheduled property referred to in…

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