Canton Ins. Office, Ltd. v. Independent Transp. Co.

Good Law
217 F. 213·1914 U.S. App. LEXIS 1428
United States Court of Appeals for the Ninth CircuitOctober 13, 1914No. 2382California2,110 words

Opinion

lead Opinion

Gilbert, J.

On July 3, 1907, the appellants issued to the Independent Transportation Company polices of insurance covering its steamer Vashon, then engaged in the summer trade between the city of Seattle and Alki Point, a summer resort on Puget Sound, about six miles from Seattle. The policies covered the vessel from July *214 3, 1907, until July 3, 1908. Each of the policies insured the owner against perils of the sea “and all other losses and misfortunes that shall come to the Vashon or damage to the said vessel insured or any part thereof, to which insurers are liable by the rules of insurance in San Francisco.” In August, 1907, the Vashon discon-' tinued her run to Alki Point, and until December was moored at the King street dock in Seattle. About December 1, 1907, she-was removed from that dock and moored in the Duwamish river, a tributary of Elliott Bay. On December 15, 1907, the Vashon sank at her moorings. To the libels brought by the insured against the appellants, to recover on the policies, the appellants answered, denying liability thereon, and alleging a violation of the express warranty therein contained that during the term of the policies the vessel would be and remain…

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