FORSTER v. INSURANCE CO.

No. 3090.

48 F.Supp. 1023 (1943)

FORSTER v. INSURANCE CO. OF NORTH AMERICA.

District Court, E. D. New York.

March 1, 1943.


Attorney(s) appearing for the Case

Max Ornstein, of New York City, for plaintiff.

Bigham, Englar, Jones & Houston, of New York City (George S. Brengle and Henry J. Bogatko, both of New York City, of counsel), for defendant.


BYERS, District Judge.

The plaintiff moves for judgment on the pleadings in an action in which he seeks to recover a substantial sum of money for premiums paid by him under open policies of Marine and War Risk Insurance, on the theory that they were paid under a mistake of fact as to the coverage of the policies with reference to the various shipments declared thereunder.

Assuming for present purposes that the proper construction of the contract is a mixed...

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