Galena v. Municipal Court for Oakland-Piedmont Judicial District of Alameda County

Skyways Aircraft Ferrying Service, Inc., sued Bird and Stanton, both Lloyds underwriters, for breach of insurance contract (Bird on the old policy; Stanton on the new one); in the second and third causes of action, Skyways sued Jacobson and Northwest Underwriters for breach of warranty of authority to place insurance on the life of Jack Ford, and Jacobson for negligence in failing to obtain insurance on Fords life. Recovery was sought in the alternative; and the jury was instructed that it could find against Stanton, but not against Jacobson and Northwest, if it found that Jacobson had actual or ostensible authority from Stanton to orally bind Ford for the type of flight on which he was engaged at the time of his death. The following verdicts were rendered: for Skyways against defendant Northwest in the sum of $49,675; for Skyways against defendant Stanton in the sum of $49,675; and for defendant Bird against Skyways. Thereafter, the trial court granted motions of Northwest for judgment notwithstanding the verdict and for new trial. Skyways motion for new trial against Bird was denied, as was motion of Stanton. Stanton appeals from judgment against him in favor of Skyways; Skyways appeals from judgment notwithstanding the verdict and order granting motion for new trial, and from judgment against it in favor of Bird.