EAGLE STAR INS. CO., LTD. v. INT'L PROTEINS CORP.


38 N.Y.2d 861 (1976)

Eagle Star Insurance Company, Ltd., Appellant, v. International Proteins Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided February 10, 1976.


Attorney(s) appearing for the Case

Vincent J. Ryan, J. Edwin Carey and Caspar F. Ewig for appellants.

Albert N. Proujansky and Herbert Rand for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Appellant insurer brought an action against its assured to recover the amount of premiums which would have been due under a policy of marine insurance had the assured declared all shipments which might have been covered under the policy. The assured entered a general denial and set it up as an affirmative defense that under applicable English law...

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