STEVEN v. FIDELITY & CASUALTY CO.

Docket No. L.A. 26927.

58 Cal.2d 862 (1962)

377 P.2d 284

27 Cal. Rptr. 172

KATHRYN E. STEVEN, Plaintiff and Appellant, v. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK et al., Defendants and Respondents.

Supreme Court of California. In Bank.

December 18, 1962.


Attorney(s) appearing for the Case

Gerald H. Gottlieb, John W. Preston, Jr., and Arthur Magid for Plaintiff and Appellant.

Crider, Tilson & Ruppe, Edward A. DeBuys and Henry E. Kappler for Defendants and Respondents.


TOBRINER, J.

We point out here why we have concluded that the provisions of an airplane trip insurance policy on the life of the beneficiary's husband did not plainly or clearly provide for noncoverage, and why, in the absence of such provision, in this unusual case, the insurer is liable. Accordingly, we do not believe that the judgment for the insurer, rendered after trial without a jury, should stand.

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