# Steven v. Fidelity & Casualty Co.

> California Supreme Court · December 18, 1962 · 58 Cal. 2d 862

URL: https://www.frixlaw.com/law-library/cases/9545995

## Case

- **Full name:** KATHRYN E. STEVEN, Plaintiff and Appellant, v. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK Et Al., Defendants and Respondents
- **Court:** California Supreme Court
- **Decided:** December 18, 1962
- **Citations:** 58 Cal. 2d 862; 27 Cal. Rptr. 172; 377 P.2d 284; 1962 Cal. LEXIS 315
- **Precedential status:** Published
- **Opinion:** Dissent by Traynor
- **Judges:** Traynor
- **Cited by:** 188 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Declined to follow in part by First National Bank Of Chicago v. The Fidelity And Casualty Company Of New York, 428 F.2d 499 (1970).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9545995

## How later opinions describe it (automated extraction)

- holding that under standardized contract purchased from vending machine by airline passenger, passenger could reasonably have expected coverage for whole trip, including reasonable substituted transportation necessitated by emergency, and insurer should have plainly and clearl…

## Opinion text

TRAYNOR, J., Dissenting.
In my opinion the policy covered travel by air only on scheduled air carriers. I find no basis for assuming that the ordinary traveler would reasonably believe that the policy covered travel on other than scheduled air carriers, and since there is no rule of law that requires defendant to cover risks it does not wish to cover, I would affirm the judgment.
Respondents’ petition for a rehearing was denied January 16, 1963. Traynor, J., Schauer, J., and Me Comb, J., were of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9545995. Public record. Not legal advice.