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ADVANI ENTERPRISES v. UNDERWRITERS AT LLOYDS

April 25, 1997

ADVANI ENTERPRISES, INC., Plaintiff, against UNDERWRITERS AT LLOYDS, and SYNDICATE 735 AT LLOYDS OF LONDON, Defendants.


The opinion of the court was delivered by: HAIGHT

 HAIGHT, Senior District Judge :

 This is an action brought on a marine cargo insurance policy. The insured complains of the insurers' denial of coverage for a loss. The insurers move pursuant to Rule 56 Fed.R.Civ.P., for summary judgment dismissing the complaint.

 Background

 For the most part, the facts are undisputed.

 Plaintiff Advani Enterprises, Inc. ("Advani") is an American corporation which maintains an office to transact business at 146 West 29th Street, New York, NY. Defendants Underwriters at Lloyds and Syndicate 735 at Lloyds of London (hereinafter collectively "the defendants") are located in the United Kingdom and engage in the business, inter alia, of issuing marine policies of insurance.

 Advani obtained marine cargo insurance from defendants to cover the transportation of three full container loads of porcelain dishware from the Far East to Port Said, Egypt. To obtain that insurance, Advani used the services of Grifon Insurance Agency, Inc., which transacts business in New York. The insurance upon which Advani bases this suit is evidenced by a Cover Note issued on behalf of defendants, and delivered by Grifon to Advani in New York.

 The Cover Note identifies the type of insurance as "Marine Cargo." Advani is identified as one of the insureds. The description of the "conveyance" in the Cover Note reads as follows:

 
Road and/or Steamer and/or Steamers and/or any conveyances.

 The description of the "voyage" in the Cover Note reads as follows:

 
Far East to Port Said, Egypt via Bonded Warehouse New York. Warranted full container loads Door to Door.

 The Cover Note describes the "interest" insured as:

 The amount insured was $ 217,212, based upon cost insurance freight charges plus 10%. The Cover Note incorporated by reference ...


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