The opinion of the court was delivered by: KAUFMAN
This libel is brought to recover on a policy of cargo war risk insurance issued by the War Shipping Administration pursuant to Title 46, U.S.C.A. §§ 1128-1128h.
At the trial, the parties stipulated in writing as to the facts. Upon the stipulation, the following findings and conclusions are made.
1. At all times herein material, libelant was a Pennsylvania corporation having an office and place of business within the Southern District of New York.
2. At all times herein material, libelant was the owner of 5,040 shearlings.
3. On or about May 29, 1942, respondent, acting through the War Shipping Administration, issued to libelant a policy of cargo war risk insurance, No. C-2617, covering said shearlings as well as others, for a premium of #720.
4. The policy contained the following warranty by libelant: 'Warranted goods shipped or in transit on or before June 27, 1942.'
5. The shearlings were loaded on board the SS Star of Oregon, an overseas vessel, on or about July 31, 1942 at Durban, South Africa. The SS Star of Oregon had arrived at Durban on July 26, 1942 and sailed from there on August 2, 1942.
6. On or about August 5, 1942, libelant requested an extension of transit warranty for an additional thirty days.
7. On or about August 7, 1942, respondent re-established the transit warranty, at no additional premium, from August 7, 1942 to September 6, 1942, but specified that 'if cargo shipped and sailed between July 28 and August 6 no coverage whatsoever exists under this policy.' On August 10, 1942 the policy was amended by an endorsement as follows:
'It is understood and agreed that the transit warranty on the policy to which this endorsement is attached is extended from August 7 to September 6, at no additional premium.
'If cargo shipped and sailed between July 28 and August 6, no coverage existed under this policy.'
8. The date 'July 28' in the endorsement was erroneously inserted in place of 'June 28'.
9. Between August 2, 1942 and August 30, 1942, the SS Star of Oregon did not call on any port or ports. On August 30, 1942 the SS Star of Oregon was sunk at sunk at sea by enemy action and the shearlings were a total loss. Losses through enemy action are within the type of coverage provided in policy No. C-2617.
10. All information concerning the sailing date of the vessel and cargo was classified by respondent. Neither libelant nor the Insurance Division of the War Shipping Administration had any personal knowledge, at the ...