COUGAR SPORT, INC. v. HARTFORD INSURANCE COMPANY OF THE MIDWEST


288 A.D.2d 85 (2001)

733 N.Y.S.2d 151

COUGAR SPORT, INC., Appellant, v. HARTFORD INSURANCE COMPANY OF THE MIDWEST, Respondent.

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

Decided November 15, 2001.


The motion court properly found that plaintiff insured had entrusted its merchandise to Yankee Clipper Warehousing, Inc., and thus, that the loss of plaintiff's merchandise due to Yankee's theft or dishonesty came within the exclusion to the coverage afforded by plaintiff's insurance policy with defendant for loss attributable to the dishonest or criminal act of a person to whom the insured has entrusted its goods (see, Abrams v Great Am. Ins. Co., 269 N.Y. 90). Contrary...

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