BURNS v. HOME FIRE & MARINE INS. CO.


285 A.D. 1200 (1955)

Robert J. Burns, Doing Business as Burns Motor Express, Respondent, v. Home Fire & Marine Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 11, 1955.


An electric motor disappeared while being transported by plaintiff motor carrier. The defendant had issued to plaintiff a policy of cargo liability insurance which protected him from claims of loss by theft of goods in transit. Defendant refused to accept liability and the plaintiff, after being sued, paid the shipper the value of the motor and then commenced this action to recover money damages for alleged breach of the insurance contract. At the trial the issues were whether...

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