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FORSTER v. INSURANCE CO. OF NORTH AMERICA

No. 159.

139 F.2d 875 (1944)

FORSTER v. INSURANCE CO. OF NORTH AMERICA.

Circuit Court of Appeals, Second Circuit.

January 12, 1944.

Attorney(s) appearing for the Case

Max Ornstein, of New York City, for appellant.

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

Before L. HAND, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

The policy read: "On merchandise consisting principally of Fur Cuttings," which was almost immediately followed by the phrase: "To cover all shipments made by E. Forster doing business as Parker Fur Co." Being an "open policy," concededly the insured was obliged to advise the insurer of any shipment, as he did in every case. The argument is that because the merchandise insured was to consist "principally of Fur Cuttings," such "declarations" as were for...

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