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HI-G, INCORPORATED v. ST. PAUL FIRE & MARINE INSURANCE CO.

No. 7016.

391 F.2d 924 (1968)

HI-G, INCORPORATED, Plaintiff, Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

March 27, 1968.

Attorney(s) appearing for the Case

Robert F. Sylvia, Boston, Mass., with whom Fine & Ambrogne, Boston, Mass., was on brief, for appellant.

Lionel H. Perlo, Boston, Mass., with whom Jacob J. Locke, and Ficksman & Conley, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

This diversity action to recover on an insurance policy covering "direct physical loss * * * or damage * * * from any external cause" should, concededly, result in a finding for the insured unless barred by the policy's exclusion clause. The presently material portion of that clause is as follows:

"Loss or damage caused by or resulting from dampness of atmosphere, dryness of atmosphere, extremes or changes...

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