Winchester v. General Cab Co.

2 Citing cases

  1. Gillis v. Sun Ins. Office, Limited

    238 Cal.App.2d 408 (Cal. Ct. App. 1965)   Cited 38 times
    Affirming finding that a defunct corporation named as the insured held an insurable interest where “[the insurer] intended to insure the property in question; there was no fraud or misrepresentation on the part of the insured; there was no increase of hazard on the part of the insurance company on account of the error in the name of the insured or because of the merger; the management remained the same; and the insurer accepted and retained the premium payments”

    The foregoing circumstances are sufficient, however, to sustain the trial court's finding that Trident, Inc. was designated in error and that appellant intended to insure the interests of the operators of the restaurant premises, who proved to be Kingston Trio, Inc., and the conditional vendor or "lessee" which had a security interest in the property. (See Winchester v. General Cab Co. (1936) 13 Cal.App.2d 551, 554-556 [ 57 P.2d 206]; and Goss v. Security Ins. Co. (1931) 113 Cal.App. 577, 579-581 [ 298 P. 860].) [3] Respondent has pointed out: "To constitute a valid contract of insurance the minds of the parties must have met on the identity of the person with whom they are dealing."

  2. Estate of Cartledge v. Columbia Cas. Co.

    NO. CIV. 2:11-2623 WBS GGH (E.D. Cal. Jan. 30, 2012)   Cited 1 times

    Id. at 580-81. Goss was cited in Winchester v. General Cab Co., 13 Cal. App. 2d 551 (2d Dist. 1936). In that case, Mercer Casualty Company issued policy of indemnity that listed as the insured John Coyle, receiver in equity for General Cab Company dba Red Top Cab Company.