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MARK v. QUAKER CITY FIRE INS.

28 Misc.2d 509 (1960)

Prince Mark, Inc., Appellant, v. Quaker City Fire and Marine Insurance Company, Respondent.

Supreme Court, Appellate Term, First Department.

November 23, 1960

Attorney(s) appearing for the Case

Abraham & Koenig (Sidney Koenig and David Zweig of counsel), for appellant. Weintraub & Fass (Charles T. Weintraub of counsel), for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The plaintiff is entitled to reimbursement under the "Theft Cover-Locked Vehicle Endorsement" for the loss sustained by reason of the theft of the merchandise while it was in the parked station wagon of its president. The scope of intended coverage not being clear, all ambiguity must be resolved in favor of the insured. (Hartol Prods. Corp. v. Prudential Ins. Co., 290 N.Y. 44, 49.)

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