Frank McWilliams, Inc. v. Ætna Insurance

Headnote

Insurance — marine — when policy insuring against perils of the seas and other waters does not cover damage to dry dock from sinking caused by failure of electric current used to operate its pumps.

McWilliams v. Ætna Ins. Co., 202 App. Div, 845 , affirmed.

Appeal from a judgment, entered January 17, 1923, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and directing a dismissal of the complaint. The action was to recover upon a policy of marine insurance covering plaintiff’s dry dock and which insured it against “ perils of the harbors, bays, sounds, seas, rivers and other waters,” excepting claims arising from “ derangement or breakage of machinery, unless caused by stress of

weather, stranding, collision or burning.” While the policy was in force the dry dock sunk owing to a failure of electric power used to- operate its pumps caused by an accident at the power plant on land a mile away, and the question litigated was whether the damage occasioned by such sinking was covered by the policy. The Appellate Division held that “ the policy issued by defendant to plaintiff did not insure plaintiff against damage due to such sinking.”