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STATES S.S. CO. v. AETNA INS. CO., (1985)

No. C-83-2508 SW.

59 B.R. 314 (1985)

STATES STEAMSHIP COMPANY, a corporation, Plaintiff, v. AETNA INSURANCE COMPANY, a corporation, Defendant.

United States District Court, N.D. California.

Opinion Vacated September 21, 1985.

Attorney(s) appearing for the Case

Peter A. Lindh, Walsh, Donovan & Lindh, San Francisco, Cal., for plaintiff.

Kent J. Clancy, Jess B. Millikan, Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for defendant Aetna Ins. Co.

MEMORANDUM

SPENCER WILLIAMS, District Judge.

The matter is before the court on plaintiff's motion for summary judgment. The issue is whether containers leased by States Steamship Company and insured by Aetna under an all risk marine policy were at risk of loss or damage when States filed a voluntary petition in bankruptcy. If so, Aetna is liable under the policy's sue and labor clause for costs reasonably incurred to recover them. After careful consideration...

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