PAGLIERO v. MERCHANTS FIRE ASSURANCE CORPORATION

No. 11831.

169 F.2d 373 (1948)

PAGLIERO et al. v. MERCHANTS FIRE ASSURANCE CORPORATION OF NEW YORK.

Circuit Court of Appeals Ninth Circuit.

August 5, 1948.


Attorney(s) appearing for the Case

George H. Hauerken and Hauerken, Ames & St. Clair, all of San Francisco, Cal., for appellants.

E. M. Taylor, H. A. Thornton and Thornton & Taylor, all of San Francisco, Cal., for appellee.

Before GARRECHT, MATHEWS and ORR, Circuit Judges.


ORR, Circuit Judge.

This is a suit to recover from appellee loss sustained by appellants as the result of fire which destroyed property alleged to have been covered by an insurance policy issued by appellee. Payment was refused on two grounds: First, that the insurance policy in suit was cancelled by agreement of the parties prior to the fire; second, that the acts of appellants' insurance brokers in purporting to cancel the insurance policy issued by appellee were...

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