INSURANCE CO. OF NORTH AMERICA v. VIRGILIO

Civ. No. 83-0628-E(H).

574 F.Supp. 48 (1983)

INSURANCE COMPANY OF NORTH AMERICA, a corporation, Plaintiff, v. Richard W. VIRGILIO, an individual, Defendant. Richard W. VIRGILIO, Counterclaimant, v. INSURANCE COMPANY OF NORTH AMERICA, a corporation, Counterdefendant.

United States District Court, S.D. California.

September 9, 1983.


Attorney(s) appearing for the Case

Francis J. McLaughlin, Lillick, McHose & Charles, Los Angeles, Cal., for plaintiff.

John F. Hilbert, Miller, Boyco & Bell, San Diego, Cal., for defendant.


MEMORANDUM DECISION

ENRIGHT, District Judge.

FACTS/BACKGROUND

This case arises from a boating accident which occurred on San Diego Bay. The defendant's son was operating a Boston Whaler which collided with another boat. Virgilio was named as a defendant in a state action stemming from the incident. In March 1983, plaintiff Insurance Company of North America (herein INA) notified the defendant that his "Windjammer" insurance policy would not cover...

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