Marine Insurance Co., Ltd. v. The United States

DAVIS, Judge.

This is plaintiff’s second suit arising out of the same occurrence. In the earlier case (Marine Ins. Co. v. United States, 378 F.2d 812 (C.A. 2), cert. denied, 389 U.S. 953, 88 S.Ct. 335, 19 L.Ed.2d 361 (1967)), the Second Circuit set forth the facts as follows (378 F.2d at 813):

The Marine Insurance Company, Ltd. (Marine Insurance), a British insurer, insured a small package which contained six emeralds valued at $152,190 for the period of its transit by international air mail from Geneva, Switzerland to its intended receiver, an importer in New York. The package was mailed at…