Legal Opinion
L. Tyson Betty v. The Liverpool and London and Globe Insurance Company, Limited, and the North British and Mercantile Insurance Company
Court of Appeals for the Fourth Circuit
Decided October 3, 1962No. 8559PublishedCited by 19 opinions
1Opinion of the Court
J. SPENCER BELL, Circuit Judge.
The plaintiff, Betty, brought suit in the State Court against defendants, co-insurers on policies insuring against “all risks of direct physical loss”. Contained in the policy was the following provision with respect to Exclusions from its coverage :
“C. (Peril) — This policy does not insure against any loss caused by or resulting from: * * *
“4. Unexplained loss or mysterious disappearance of property (ex ■cept property in the custody of carriers or bailees for hire); or loss or ■shortage of property disclosed on taking inventory
The case was removed for diversity…
2Cases cited5 opinions
- Jewelers Mutual Insurance Company v. Julien Balogh and Harriet Balogh, D/B/A Balogh's of Coral GablesCourt of Appeals for the Fifth Circuit · 1959
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
- Davis v. St. Paul Mercury & Indemnity Co.Supreme Court of North Carolina · 1946
- Advance Piece Dye Works, Inc. v. Travelers Indem. Co.New Jersey Superior Court Appellate Division · 1960
- United Sponging Co. v. Preferred Accident InsuranceAppellate Terms of the Supreme Court of New York · 1916
3Cited by19 opinions
- Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
- Atlantic Lines Limited v. American Motorists Insurance CompanyCourt of Appeals for the Second Circuit · 1976
- Betco Scaffolds Co. v. Houston United Casualty Insurance Co., Texas Court of Appeals, 14th District (Houston)2000
- Lovas v. St. Paul Insurance CompaniesNorth Dakota Supreme Court · 1976
- McCormick & Company, Inc. v. Empire Insurance Group, Allcity Insurance Company, Empire Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1989
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