FREDERICK STARR CONTRACTING CO. v. AETNA INSURANCE CO.

No. 72, Docket 26087.

285 F.2d 106 (1960)

FREDERICK STARR CONTRACTING COMPANY, Plaintiff-Appellee, v. AETNA INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 30, 1960.


Attorney(s) appearing for the Case

George B. Warburton, of Hill, Rivkins, Middleton, Louis & Warburton, New York City, for defendant-appellant.

Christopher E. Heckman, of Foley & Martin, New York City, for plaintiff-appellee.

Before CLARK, WATERMAN, and FRIENDLY, Circuit Judges.


CLARK, Circuit Judge.

Defendant, Aetna Insurance Company, appeals from a judgment for plaintiff insured, Frederick Starr Contracting Company, in an action to recover an amount due under a policy of marine insurance for damage to plaintiff's scow, Fred Starr No. 45.

On May 13, 1957, defendant issued the policy in suit insuring a number of plaintiff's vessels, including this scow, in the following traditional language:

"Touching the Adventures and Perils...

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