VARGAS v. INSURANCE CO. OF NORTH AMERICA

No. 981, Docket 80-9109.

651 F.2d 838 (1981)

Daniel VARGAS, as Personal Representative and Administrator of the Goods, Chattels and Credits of Blanca Khurey, Deceased, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee. Samuel PLOTKIN, as Public Administrator of the County of Kings, and as Personal Representative and Administrator of the Goods, Chattels and Credits of Joseph Khurey, Deceased, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 15, 1981.


Attorney(s) appearing for the Case

Steven R. Pounian, New York City (Paul S. Edelman, Milton G. Sincoff, Kreindler & Kreindler, New York City, and Singer & Block, Brooklyn, N. Y., on brief), for plaintiffs-appellants.

Einar M. Rod, New York City (James J. Sentner, Jr., and Haight, Gardner, Poor & Havens, New York City, on brief), for defendant-appellee.

Before TIMBERS and NEWMAN, Circuit Judges and SOFAER, District Judge.


SOFAER, District Judge:

This is an appeal from a grant of summary judgment to defendant-appellee Insurance Company of North America ("INA") in a declaratory judgment action brought to determine whether INA is liable under an aviation insurance policy issued to Joseph Khurey for his single-engine Piper Arrow. The policy, issued on December 13, 1977, provided in part that it would apply "only to occurrences, accidents or losses which happen ... within the United States...

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