Taylor v. St. Paul Fire & Marine Insurance
Taylor v. St. Paul Fire & Marine Insurance
Opinion of the Court
This is an action on an insurance policy to recover the value of eight mink fur garments which were stolen from the plaintiffs’ house trailer. The case was tried before the court without a jury. Defendant appeals from a judgment awarding the plaintiff $2,000 plus attorney’s fees.
Plaintiffs were insured under a policy of insurance issued by defendant which provided the following coverage :
“Part 1. — This policy insures personal effects * ® ® owned by and for the personal use, adornment or amusement of the Insured or any member of the Insured’s family travelling with the Insured, while in transit or while in any hotel or other building en route during any journey anywhere in the World on water, land or in the air.”
The only question presented is whether the eight fur pieces stolen from plaintiffs come within the meaning of the above quoted language.
The plaintiffs are mink ranchers with twenty years experience in the business. In 1961 the plaintiffs retired and according to their testimony they kept the mink garments in question because they thought that they might not again have access to fur pieces of the same quality and color. The garments in question were worn only occasionally, if at all. Mrs. Taylor testified that the eight garments in question were for her personal use and adornment, but that she had
On July 10, 1966 while plaintiffs were at a motel near Gearhart, Oregon the eight mink garments were stolen from their house trailer. Plaintiffs had recently come from Florida and although they had made a down payment on some real property in Silverton, Oregon they were still undecided as to where they wished to live. Mr. Taylor testified that the purpose of the trip to Gearhart was to continue the search for a place to live. The evidence shows that the trip was motivated in part, at least, by the desire to have the furs in question modeled by the contestants in the Miss Oregon beauty contest, it being plaintiffs’ feeling that this would be good advertising for the new mink ranch business which they hoped to establish at Silverton, Oregon. The fur pieces were stolen before the plan to use them at the beauty contest could be carried out.
IJpon the basis of this evidence the trial court concluded that the eight mink garments came within the policy description “personal effects * * * owned by and for the personal use, adornment or amusement of the Insured or any member of the Insured’s family.”
We concur in this interpretation of the policy. Although it is not usual for one person to own at one time as many as-ten mink fur pieces for their “personal use, adornment or amusement,” it may occur and under the peculiar circumstances under which the furs
The judgment of the trial court is affirmed.
Reference
- Full Case Name
- TAYLOR et ux v. ST. PAUL FIRE & MARINE INSURANCE CO.
- Cited By
- 1 case
- Status
- Published