COBB v. HOME & AUTO. INS. CO.

Docket No. 17416.

86 Cal.App.3d 673 (1978)

150 Cal. Rptr. 370

CHARLES COBB, Plaintiff and Appellant, v. HOME AND AUTOMOBILE INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

November 22, 1978.


Attorney(s) appearing for the Case

COUNSEL

Neil D. Reid and Peter Axelrod for Plaintiff and Appellant.

Memering, De Mers & Ford and Claudia Robinson for Defendant and Respondent.


OPINION

REYNOSO, J.

We review the trial court's determination that, under the facts of this case, the "due and confined to" mechanical failure clause excluded from coverage plaintiff's damage to his helicopter engine. We affirm the judgment.

1. Stipulated facts

On June 8, 1975, plaintiff was the owner of a 1967 Hiller Helicopter Model FH-1100. On that date there was in full force and effect a policy of

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