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NEIMAN-MARCUS CO. v. U.S. FIRE INSURANCE CO.

No. 71-2449.

456 F.2d 200 (1972)

NEIMAN-MARCUS COMPANY, Plaintiff-Appellee, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 16, 1972.

Attorney(s) appearing for the Case

Larry L. Gollaher, R. B. Cousins, Dallas, Tex., for defendant-appellant; Thompson, Coe, Cousins, Irons & Porter, Dallas, Tex., of counsel.

Freeman L. Mittenthal, Edward S. Koppman, Rosenfield, Mittenthal & Koppman, Dallas, Tex., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

DYER, Circuit Judge:

Neiman-Marcus brought this action against its insurer, United States Fire, to recover, under an open cargo policy, Neiman's loss of goods and merchandise arising out of a fire at a forwarder's warehouse in an Italian port. From a summary judgment in favor of Neiman-Marcus, United appeals. Finding that summary judgment was improvidently granted, we reverse.

In October of 1968, United issued its open cargo policy to Neiman to protect merchandise...

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