FAGEOL TRUCK COACH CO v. PACIFIC INDEMNITY CO (1941)

District Court of Appeal, First District, Division 1, California.

FAGEOL TRUCK & COACH CO. v. PACIFIC INDEMNITY CO. et al.

Civ. 10976

Decided: March 05, 1941

Bronson, Bronson & McKinnon and Kirke LaShelle, all of San Francisco, for appellant. Fitzgerald, Abbott & Beardsley, of Oakland, for respondent.

This is a companion appeal to Fageol Truck & Coach Co. (a corporation), Plaintiff and Respondent, v. Pacific Indemnity Company (a corporation), and Detroit Fire and Marine Insurance Company (a corporation), Defendants, Detroit Fire and Marine Insurance Company (a corporation), Appellant, 110 P.2d 1085, this day decided. For the reasons and upon the grounds stated in the opinion filed therein it is ordered that the judgment be reversed with directions to the trial court to revise its conclusions of law to conform to the views expressed in said opinion; that thereupon judgment be entered in favor of the defendant Detroit Fire and Marine Insurance Company, and an unconditional judgment be entered against the Pacific Indemnity Company in favor of Fageol Truck & Coach Co. for the full amount of the collision loss sustained by it. It is further ordered that on the present appeal Fageol Truck & Coach Co. recover its costs against Pacific Indemnity Company.

KNIGHT, Justice.

We concur: PETERS, P.J.; WARD, J.

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