IQ ORIGINALS v. BOSTON INS


85 A.D.2d 21 (1982)

I Q Originals, Inc., Respondent, v. Boston Old Colony Insurance Company, Appellant

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

February 11, 1982


Attorney(s) appearing for the Case

Joseph B. McDonald of counsel (McDonald & Herbermann, attorneys), for appellant.

Benjamin Zalman of counsel (Zalman & Schnurman, attorneys), for respondent.

BIRNS, SULLIVAN and MARKEWICH, JJ., concur with LUPIANO, J.; KUPFERMAN, J. P., dissents in an opinion.


LUPIANO, J.

Defendant insurer issued a policy of insurance covering "all risks of physical loss or damage to the insured property from any cause whatsoever" (emphasis supplied) to the plaintiff, a wholesaler of merchandise. The policy contains a clause limiting liability in pertinent part as follows: "This company shall not be liable hereunder for more than A $20,000.00 in any one shipment, but not exceeding B $40,000.00 in any loss, disaster or...

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