ROCK TRANSPORT PROPERTIES CORP. v. HARTFORD FIRE INS. CO.

No. 113, Docket 34920.

433 F.2d 152 (1970)

ROCK TRANSPORT PROPERTIES CORPORATION, New York Trap Rock Corporation and Mellon National Bank and Trust Company, Plaintiffs-Appellees, v. The HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 27, 1970.


Attorney(s) appearing for the Case

Edward C. Kalaidjian, New York City (Thacher, Proffitt, Prizer, Crawley & Wood, New York City, and Dwight B. Demeritt, Jr., New York City on the brief), for appellees.

Daniel A. Sullivan, New York City (Bigham Englar Jones & Houston, and Alexander Peltz, New York City on the brief), for appellant.

Before CLARK, Associate Justice, and LUMBARD, Chief Judge, and KAUFMAN, Circuit Judge.


CLARK, Justice, Retired:

This appeal tests the validity of a judgment entered against Hartford Fire Insurance Company on two insurance policies issued by it on April 1, 1965, for a one-year period. The judgment awarded damages and interests covering the "constructive total loss" of eleven scows and the partial loss of a twelfth one owned by the Rock Transport Properties Corporation and chartered by the New York Trap Rock Corporation, the insured.

New York...

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