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KESSLER EXPORT CORP. v. RELIANCE INS. CO.

May 14, 1962

KESSLER EXPORT CORPORATION, a domestic corporation, Plaintiff,
v.
RELIANCE INSURANCE COMPANY OF PHILADELPHIA, PENN., and American Insurance Company of Newark, N.J., Defendants



The opinion of the court was delivered by: BARTELS

This action, predicated upon two policies of marine insurance, one issued by Reliance Insurance Company of Philadelphia, Penn. (hereafter 'Reliance') and the other by American Insurance Company of Newark, N.J. (hereafter 'America'), both in favor of the plaintiff, arises out of he theft of a shipment of surplus sunglasses loaded upon a carrier's truck stationed upon plaintiff's premises.

Upon the calendar call the parties appeared before the Court and indicated that there was one issue, i.e., coverage of the policies, which required decision before the trial could proceed and they thereupon waived a trial by jury and agreed to submit the resolution of this issue to the decision of the Court upon a stipulation of facts signed by them, which was made part of the record as Exhibit I. From this exhibit the pertinent facts appear as follows.

FACTS

 The relevant portions of the Reliance policy provide as follows:

 '12. Warehouse to Warehouse Clause. This insurance attaches from the time the goods leave the Warehouse and/or Store at the place named in the policy for the commencement of the transit and continues during the ordinary course of transit, including customary transshipment if any, until the goods are discharged overside from the overseas vessel at the final port. Thereafter the insurance continues whilst the goods are in transit and/or awaiting transit until delivered to final warehouse at the destination named in the policy or until the expiry of 15 days (or 30 days if the destination to which the goods are insured is outside the limits of the port) whichever shall first occur. The time limits referred to above to be reckoned from midnight of the day on which the discharge overside of the goods hereby insured from the overseas vessel is completed. Held covered at a premium to be arranged in the event of transshipment, if any, other than as above and/or in the event of delay in excess of the above time limits arising from circumstances beyond the control of the Assured.'

 'MARINE EXTENSION CLAUSES

 '1. This insurance attaches from the time he goods leave the warehouse at the place named in the policy, certificate or declaration for the commencement of the transit and continues until the goods are delivered to the final warehouse at the destination named in the policy, certificate or declaration, or a substituted destination as provided in Clause 3 hereunder.'

 Plaintiff also relies upon the following clause:

 '16. Warehousing & Forwarding Charges, Packages Totally Lost Loading etc. Notwithstanding any average warranty contained herein, these Assurers agree to pay any landing, warehousing, forwarding and special charges for which this policy in the absence of such warranty would be liable. Also to pay the insured value of any package or packages which may be totally lost in loading, transshipment or discharge.'

 The relevant portions of the American policy provide as follows:

 '4. This insurance covers only while the insured property is in transit within the limits of the Continental United States and Canada in the custody of:

 '(a) Any railroad or railroad express company (including the risk while on ferries or in cars on transfers or lighters);

 '(b) Public truckmen, land transfer or land transportation companies.

 'This Policy also covers while on docks, wharves, piers, bulkheads, in depots, stations or on platforms, but only while in the custody of a common ...


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