Legal Opinion

Atlantic Fruit Co. v. Hamilton Fire Insurance

New York Court of Appeals

Decided May 28, 1929PublishedCited by 9 opinions

1Opinion of the Court

Cardozo, Ch. J.

The actions are on policies of fire insurance, issued in each case by a different insurer, but covering the same property and similar in form.

In each case the policy is described as an “ open policy floater.” The subject of the insurance is to be a fluctuating “ stock of merchandise,” as well as “ materials and supplies, store furniture, fixtures and appurtenances,” while contained in buildings and adjoining yards in the island of Cuba. The limit of liability for the contents of any one building and yard is to be $25,000. Specific insurance, if any, is first to be deducted.

The…

2Cases cited3 opinions

  1. Critten v. Chemical National BankNew York Court of Appeals · 1902
  2. Arnold v. . the Pacific Mutual Ins. Co.New York Court of Appeals · 1879
  3. Licht v. New York Indemnity Co.New York Court of Appeals · 1928

3Cited by9 opinions

  1. Henjes v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1943
  2. Purofied Down Products Corp. v. Travelers Fire Insurance CompanyCourt of Appeals for the Second Circuit · 1960
  3. Wallace v. World Fire & Marine Ins. Co. of Hartford, Conn.District Court, S.D. California · 1947
  4. Schenley Distillers Corp. v. United States Fire Ins.Court of Appeals for the Second Circuit · 1937
  5. Eagle Star Insurance v. International Proteins Corp.Appellate Division of the Supreme Court of the State of New York · 1974

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