OROVILLE CORDELL FRUIT GROWERS, INC. v. MINN. F. & M. INS. CO.

No. 39105.

72 Wn.2d 544 (1967)

434 P.2d 3

OROVILLE CORDELL FRUIT GROWERS, INC., Respondent, v. MINNEAPOLIS FIRE & MARINE INSURANCE COMPANY et al., Appellants.

The Supreme Court of Washington, Department One.

November 16, 1967.


Attorney(s) appearing for the Case

Clarke, Clarke, Albertson & Bovingdon, for appellants.

Guttormsen, Scholfield, Willits & Ager and Harold O. Willits, for respondent.


HALE, J.

The question — and it is indeed a close one — in this second appeal is whether the trial court could properly find that an explosion in the refrigeration system caused the loss. Ammonia gas escaping from aluminum tubing in the Oroville Cordell Fruit Growers, Incorporated, apple warehouse, December 28, 1961, damaged nearly 17,000 boxes of apples. Although the loss was fully covered by insurance, a problem arose among the insurance carriers concerning...

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