Case Conclusion Date:October 21, 2003
Outcome:Reversed summary judgment against our client.
Description:A cargo insurer denied its insured's claim for a stolen load of cargo under a cargo policy. The policy required that the listed truck be "physically attached" to an unlisted trailer in order for the cargo to be covered. Although the insured parked the truck away from the trailer, an unknown thief attached the truck to the trailer and stole its cargo. The insurer contended the actions of a thief could not create the conditions necessary to give rise to coverage. Although the district court granted summary judgment against our client, the Ninth Circuit reversed.