Hyperlawhypertext legal database Cuban Commercial & Industrial Co. v. Richmond Fire Insurance 240 N.Y. 654

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Cuban Commercial & Industrial Co. v. Richmond Fire Insurance

240 N.Y. 654 Court N.Y. Decision date 1925-06-02 English

Contents

Majority

p. 654
Cuban Commercial and Industrial Company, Respondent, v. The Richmond Fire Insurance Company, Appellant.
(Argued May 7, 1925;
decided June 2, 1925.)

Headnote

Insurance — construction of indorsements on pol 'ey of fire insurance suspending insurance on certain merchandise while it was covered by other insurance.
Cuban Cornel. & Industrial Co. v. Richmond F. Ins. Co., 211 App. Div. 846 , affirmed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover upon a policy of fire insurance. The question was as to the proper construction of the following indorsements on the policy. “ In consideration of the premium recited in this policy and other valuable considerations, it is herewith understood and agreed that no claim for premium of whatever nature shall be made under this policy in respect to any sugars that shall at any time come under the coverage of the Special Policy issued in conjunction with the so-called Cuban Sugar Finance Syndicate.” “ In consideration of the premium for which this policy is written, and other valuable considerations, it is herewith further understood and agreed that should any sugars of the assured at any time during the life of this policy be covered by insurance for the account of the Cuban Sugar Syndicate Corporation coincidentally and simultaneously with their release by the said Cuban Sugar Syndicate Corporation this policy shall then automatically cover such sugar so released.” The sugars insured by the policies were on May 10, 1918, pledged to the Cuban Sugar Syndicate Corporation and, in accordance with the plan and requirements for the syndicate, were covered by insurance policies for the account of the syndicate, during the life of the loan. The loan was wholly repaid by August 8, 1918, and the pledged sugars were released by the syndicate, the warehouse
p. 655
receipts surrendered and the insurance certificates covering the sugar for the account of the syndicate as pledgee and of the owner as pledgor were surrendered to the insurers. The fire occurred September 8, 1918.
Milo Otis Bennett, Paul D. Compton and William Otis Badger, Jr., for appellant.
W. Calvin Chesnut, William S. Sinclair and Bruce Ellison for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Pound, J.