ROYAL INSURANCE COMPANY v. SISTERS OF PRESENTATION

No. 23009.

430 F.2d 759 (1970)

ROYAL INSURANCE COMPANY, Limited, a Foreign Corporation, et al., Appellants, v. The SISTERS OF the PRESENTATION, a California Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 17, 1970.


Attorney(s) appearing for the Case

Augustus Castro, and John D. Hoffman, (argued) San Francisco, Cal., for appellants.

John Hopkins, (argued), John J. Ford, III, of Tobin & Tobin, San Francisco, Cal., for appellee.

Before CHAMBERS, ELY, and TRASK, Circuit Judges.


ELY, Circuit Judge:

This action arose in a California state court from which it was removed to the District Court under 28 U.S.C. § 1441 (a). The suit was based on a policy of fire insurance written by appellant Royal on a convent formerly occupied by the appellee Sisters. The building was destroyed by fire, the Sisters won a $174,000 judgment, and Royal appeals. We reverse.

The building was constructed in 1877 and burned eighty-nine years later, on June...

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