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CLAUSON v. INDUSTRIAL INDEM. CO.

Docket No. 11086.

241 Cal.App.2d 440 (1966)

50 Cal. Rptr. 615

ALVIN E. CLAUSON, Plaintiff, Cross-defendant and Respondent, v. INDUSTRIAL INDEMNITY COMPANY, Defendant, Cross-complainant and Appellant; CALIFORNIA COMPENSATION & FIRE COMPANY et al., Cross-defendants and Respondents.

Court of Appeals of California, Third District.

April 11, 1966.

Attorney(s) appearing for the Case

Long & Levit, Bert W. Levit, Victor B. Levit, John B. Hoak and Gregory Archbald for Defendant, Cross-complainant and Appellant.

Cooley, Crowley, Gaither, Godward, Castro & Huddleson, Thomas Hartwell, Leonard & Lyde and Raymond A. Leonard for Plaintiff, Cross-defendant and Respondent, and for Cross-defendants and Respondents.

PIERCE, P.J.

This appeal is by defendant and cross-complainant Industrial Indemnity Company (Industrial) from a judgment which holds Industrial solely liable to plaintiff for the latter's furniture store fire loss in the sum of $52,456.69. Liability was based upon an oral binder held to have been in effect at the time of the fire. A previous fire insurance policy covering the premises, written by cross-defendant California

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