SMITH v. ÆTNA CAS. & SUR. CO.


6 A.D.2d 959 (1958)

Charles Smith et al., Doing Business as Dutch Hill Poultry Farm, Respondents, v. Ætna Casualty and Surety Company, Appellant

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

July 31, 1958


Defendant had issued to plaintiffs a policy of insurance covering loss of 12,000 laying hens, not to exceed $24,000. The risk covered loss by death of the hens from fire, lightning, smoke, windstorm, hurricane, hail, collision, flood and certain other categories. It was provided that such death was to be "directly and immediately resulting from" the enumerated risks The policy contained a clause that it did not insure against loss "unless death by a peril against which this...

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