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HANOVER FIRE INS. CO. v. MERCHANTS' TRANSP. CO.

No. 4876.

15 F.2d 946 (1926)

HANOVER FIRE INS. CO. OF NEW YORK v. MERCHANTS' TRANSP. CO.

Circuit Court of Appeals, Ninth Circuit.

November 22, 1926.

Attorney(s) appearing for the Case

S. Hasket Derby and Joseph C. Sharp, both of San Francisco, Cal., and Benjamin S. Grosscup and Charles A. Wallace, both of Seattle, Wash. (Forrest E. Single, of New York City, Derby, Single & Sharp, of San Francisco, Cal., and Grosscup & Morrow, of Seattle, Wash., of counsel), for plaintiff in error.

O. G. Ellis, John D. Fletcher, and Robert E. Evans, all of Tacoma, Wash. (E. M. Hayden, M. A. Langhorne, and F. D. Metzger, all of Tacoma, Wash., of counsel), for defendant in error.

Before RUDKIN, Circuit Judge, and DIETRICH and KERRIGAN, District Judges.

RUDKIN, Circuit Judge.

This was an action on a protection and indemnity policy of insurance. The policy was issued November 21, 1923, by the Hanover Fire Insurance Company of New York, in favor of the Merchants' Transportation Company, and covered a fleet of four vessels, of which the T. W. Lake was one. The policy ran for a term of one year from date, and provided indemnity, among other things, for loss of life which the insured should become liable to pay and did...

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