Legal Opinion
Lee & Palmer, Inc. v. Employers Commercial Union Insurance
District Court, S.D. New York
Decided June 25, 1973No. 72 Civ. 1432Published
1Opinion of the Court
MEMORANDUM
LASKER, District Judge.
These are cross motions for partial summary judgment as to liability, pursuant to Rule 56(c), on the part of the insured, Lee & Palmer, Inc. and the insurer, Employers Commercial Union Insurance Company, Inc., (“ECU”). The sole issue is whether Lee & Palmer’s *655risk is excluded from coverage by virtue of either the G-304 exclusion1 or exclusion (d) of the policy. The parties agree that no issues of fact are in dispute.
BACKGROUND
The action arises out of a series of law suits instituted by the owners of the SS Fortaleza against Lee & Palmer for its alleged…
2Cases cited8 opinions
- Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
- Conder v. GriffithIndiana Court of Appeals · 1916
- National Screen Service Corporation v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Second Circuit · 1966
- Johnson v. National Union Fire Insurance Co. of PittsburghNew York Supreme Court · 1968
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