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PHILIPP BROS. v. BRADLEY EXPRESS, INC.

41 A.D.2d 631 (1973)

Philipp Brothers, Respondent, v. Bradley Express, Inc., et al., Respondents, and St. Paul Fire and Marine Insurance Company, Appellant B. N. R. Agency, Inc., Third-Party Plaintiff-Respondent, v. St. Paul Fire and Marine Insurance Company, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 22, 1973

Per Curiam.

We are unanimous in our opinion that plaintiff, shipper, does not, on this record, have a direct cause of action on the motor truck cargo policy of insurance issued by appellant to defendant-third-party-plaintiff, B. N. R. Agency Inc. Appellant's policy insures only B. N. R. and does not directly inure to the benefit of a shipper whose merchandise is lost. (Cone v. Niagara Fire Ins. Co., 60 N.Y. 619.) It was error for Special Term not to...

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