FINE v. UNDERWRITERS OF LLOYD'S LONDON

No. 11950.

239 F.2d 362 (1956)

Jack FINE, Harry Fine and Isadore Fine, Trading as Fine Brothers, Appellants, v. UNDERWRITERS OF LLOYD'S LONDON, United Standard Insurance Co., Limited, and United Offices Insurance Co., Limited.

United States Court of Appeals Third Circuit.

Decided December 7, 1956.


Attorney(s) appearing for the Case

Howard R. Detweiler, Philadelphia, Pa. (Ambler, Detweiler & Walsh, Philadelphia, Pa., on the brief), for appellees.

M. Stuart Goldin, Philadelphia, Pa. (Goldin & Goldin, M. Stuart Goldin, Abe J. Goldin, Philadelphia, Pa., on the brief), for appellants.

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this suit on a water damage policy of insurance the facts are not in dispute. On the premises adjoining plaintiffs' insured property there was a shack containing an ordinary toilet. A water pipe under the floor of the shack, which was part of the toilet plumbing, broke at a point some four feet from the south foundation wall of plaintiffs' building. Escaping water seeped through the wall into plaintiffs' basement, damaging merchandise...

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