FORSTER v. INSURANCE CO. OF NORTH AMERICA

Civil Action No. 3090.

51 F.Supp. 807 (1943)

FORSTER v. INSURANCE CO. OF NORTH AMERICA.

District Court, E. D. New York.

June 25, 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.


CAMPBELL, District Judge.

This is an action brought by the plaintiff, to recover back premiums, voluntarily paid by the plaintiff to the defendant for insurance on shipments declared under an open marine cargo policy and an open war risk policy, which shipments, it is now claimed, were not in fact insured, because they were not within the coverage of the open policies.

The voyages have been terminated, the cargoes delivered, except the one that was lost, for...

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