INSURANCE COMPANY OF NORTH AMERICA v. GREENE

No. 21166.

373 F.2d 526 (1967)

INSURANCE COMPANY OF NORTH AMERICA, a corporation, Appellant, v. Robert T. GREENE et al., Appellees.

United States Court of Appeals Ninth Circuit.

February 20, 1967.


Attorney(s) appearing for the Case

Fred J. Graham, Malcolm A. King, Popelka, Graham, Hanifin, Van Loucks & Allard, San Jose, Cal., for appellant.

Yale W. Rohlff, Kane, Owen & Melbye, Redwood City, Cal., for appellees.

Before MERRILL, KOELSCH and BROWNING, Circuit Judges.


PER CURIAM.

While operating a gasoline motor driven "go-cart," appellee's son struck and injured a third person. Appellant denies coverage under its Homeowners' Policy because of a clause excluding operation of midget automobiles "while away from the premises or the ways immediately adjoining * * *."

The accident occurred at a point fifty feet north of the northern boundary of appellee's property on a private driveway which ran parallel to appellee's western...

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