Good Canning Co. v. London Guarantee & Accident Co.
| Decision Date | 17 February 1955 |
| Docket Number | No. 1150.,1150. |
| Parties | GOOD CANNING COMPANY, Plaintiff, v. LONDON GUARANTEE AND ACCIDENT COMPANY, Ltd., Defendant. |
| Court | U.S. District Court — Western District of Arkansas |
COPYRIGHT MATERIAL OMITTED
Bethell & Pearce, Fort Smith, Ark., for plaintiff.
Daily & Woods, Fort Smith, Ark., for defendant.
On August 27, 1954, plaintiff filed its complaint against the defendant alleging that it had entered into a contract of insurance with the defendant whereby defendant insured it against loss resulting from accident to certain property owned by plaintiff, including a certain fire tube boiler; that while said policy was in full force and effect an accident occurred causing damage to the boiler in the sum of $8,630.49 (this sum was subsequently reduced to $7,615.14), and causing prevention of plaintiff's business for a length of time resulting in loss to plaintiff in the sum of $1,680.85 (this sum was subsequently raised to $1,850.48); that notice was given defendant but defendant refused to pay plaintiff as provided in the contract of insurance. Plaintiff prayed judgment for its damages, plus penalty, attorney's fee and costs.
On September 18, 1954, defendant filed its answer admitting the issuance of the policy of insurance, but denying liability thereon. On December 7, 1954, defendant amended its answer by alleging that the accident was caused directly or indirectly by fire and as such was expressly excluded from the coverage of the policy of insurance in question.
Prior to the trial the parties on January 3, 1955, filed a stipulation concerning the execution of the policy in question, and relating to the testimony of Harry D. Burns, Chief Technical Assistant in the office of the Chief Inspector of the Boiler Inspection Division of the Department of Labor of the State of Arkansas. Also, prior to the trial, upon stipulation of the parties the Judge of the Court, in company with the attorneys for both parties and under the guidance of Mr. Harold Claypool, plaintiff's superintendent, viewed the damaged boiler at its then location on the premises of plaintiff for the purpose of aiding the Court in following and understanding the testimony introduced at the trial.
The cause was tried to the Court, without a jury, on January 12, 1955, and at the conclusion of the trial the Court took the case under advisement, pending receipt from the parties of briefs supporting their respective contentions. The briefs have been received, and now the Court, having considered the pleadings, stipulations, ore tenus testimony of witnesses, exhibits, and briefs of the parties, makes and files herein its findings of fact and conclusions of law, separately stated.
The plaintiff, Good Canning Company, is an Arkansas corporation having its principal office and place of business in the Fort Smith Division of the Western District of Arkansas. The defendant, London Guarantee and Accident Company, Ltd., is a foreign corporation of London, England, and is authorized to do and is doing business in the Western District of Arkansas. The amount in controversy, exclusive of interest and costs, exceeds the sum of $3,000.
On November 28, 1952, defendant issued to plaintiff a policy of insurance insuring plaintiff, for a peroid of three years from said date, against loss resulting from accident, as defined in the contract of insurance, to certain objects owned by plaintiff, including the boiler in question. The insurance contract also insured plaintiff against loss resulting from total or partial prevention of business on the premises caused by an accident to an insured object. More specifically, the insurance contract contained the following provisions:
Schedule 1 of the policy provides, inter alia:
The policy contains the following endorsement:
At all times material herein the policy, together with its schedules and endorsements, was in full force and effect.
The boiler in question is an H. R. T. boiler, sometimes referred to as a fire tube boiler. It, along with another boiler of the same kind, was installed at the plant of Good Canning Company, Fort Smith, Arkansas, in 1939 by the Boal Foundry and Machinery Company. There was no evidence as to the price paid for the boiler or the age of the boiler at the time it was purchased, but the testimony did disclose that the installation cost of the two boilers was $787.52.
The boilers were placed in a twin setting. They were suspended by beams or uprights, and each had its separate fire box or furnace. The boilers were large and cylinder-shaped, and were placed in a horizontal position parallel to the...
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Featherston v. HARTFORD FIRE INSURANCE COMPANY
...of the term "actual cash value" as used in the policies depends upon the type of property involved. Good Canning Co. v. London Guarantee & Acc. Co., D.C.W.D.Ark., 128 F.Supp. 778, 790. Apparently the Arkansas Supreme Court has not passed upon the precise point, but this Court is of the opin......
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Harris Manufacturing Company v. Williams
...evidence, recovery will not be denied merely because the damages are difficult to ascertain. See, Good Canning Co. v. London Guarantee & Accident Co., D.C.W.D. Ark., 128 F.Supp. 778, 789 (and cases therein cited); Crow v. Russell, 226 Ark. 121, 123, 289 S.W.2d 195; Midland Valley R. Co. v. ......