HOME INS. CO. v. CHANG


41 N.Y.2d 288 (1977)

Home Insurance Company, Respondent, v. T. C. Chang (Misnamed Hop Chong), Doing Business as Hop Chong Trading Co., Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1977.


Attorney(s) appearing for the Case

Martin Zuckerman, New York City, for appellant.

Bernard Meyerson and Herman B. Zipser, New York City, for respondent.

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


JONES, J.

We hold that appellant's commercial transactions did not come within the coverage of the "Ocean Marine Cargo Open Policy" issued by respondent insurer, and accordingly that premiums are not payable with respect thereto.

Appellant Chang was engaged as a broker dealing in foodstuffs produced and canned in Taiwan and imported into the United States. Respondant, Home Insurance, was the insurer under...

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