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GORDON MAILLOUX ENTER. v. FIREMEN'S INS. CO. OF NEWARK, N.J.

No. 19165.

366 F.2d 740 (1966)

GORDON MAILLOUX ENTERPRISES, INC., and Merchants Wholesale Co., Inc., Appellants, v. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellee.

United States Court of Appeals Ninth Circuit.

September 30, 1966.

Attorney(s) appearing for the Case

W. Scott Barrett, Walter Ferenz, Barrett, Ferenz & Trapp, Oakland, Cal., and Agana, Guam, for appellants.

Florindo M. DeRosa, New York City, E. R. Crain, Agana, Guam, Henry G. Sanford, San Francisco, Cal., for appellee.

Before ORR, KOELSCH and DUNIWAY, Circuit Judges.

KOELSCH, Circuit Judge.

After typhoon Karen had devastated the Island of Guam on November 11 and 12, 1962, a number of persons demanded indemnity for property damage from Firemen's Insurance Company. They rested their claims upon binders and policies of typhoon insurance made and executed on behalf of Firemen's by one Edward Fritsche, a local insurance agent, who conducted business through a controlled corporation.

Firemen's refused payment on the principal...

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