DATATAB, INC. v. ST. PAUL FIRE AND MARINE INSURANCE CO.

No. 71 Civ. 3257.

347 F.Supp. 36 (1972)

DATATAB, INC., Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

United States District Court, S. D. New York.

July 11, 1972.


Attorney(s) appearing for the Case

Brown, Wood, Fuller, Caldwell & Ivey, New York City, for plaintiff; Roger J. Hawke, New York City, of counsel.

Tell, Cheser, Werner & Breitbart, New York City, for defendant; Solomon M. Cheser, New York City, of counsel.


LASKER, District Judge.

These are cross-motions for summary judgment by the plaintiff-insured and the defendant-insurer. Although not in dispute, we outline the facts briefly in order to place the issue in proper perspective.

On August 1, 1970, defendant, St. Paul Fire and Marine Insurance Company ("St. Paul"), issued to plaintiff, Datatab, Inc., an insurance policy which covered various aspects of Datatab's data processing business located on the fifth and...

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