Legal Opinion

Aetna Casualty & Surety Co. v. Burbank Generators, Inc.

California Court of Appeal

Decided July 22, 1981No. Civ. 58193PublishedCited by 5 opinions

1Opinion of the Court

Opinion

COBEY, J.

Defendant, Burbank Generators, Inc. (Burbank), appeals from a judgment declaring that a cargo loss suffered by it on August 30, 1976, was not covered by a then outstanding specified inland marine insurance policy issued by plaintiff, Aetna Casualty and Surety Company (Aetna), to it. The sole question on appeal is whether the loss was covered by the policy which, in turn, depends upon whether the loss occurred while the cargo was “in transit” or “in ordinary course of transportation.”

We intend to reverse the judgment for reasons that follow.

Facts

On August 30, 1976, sometime…

2Cases cited7 opinions

  1. Ben Pulitzer Creations, Inc. v. Phoenix InsuranceCivil Court of the City of New York · 1965
  2. Franklin v. Washington General InsuranceNew York Supreme Court · 1970
  3. The Ore & Chemical Corporation v. Eagle Star Insurance Company, LimitedCourt of Appeals for the Second Circuit · 1973
  4. Home Insurance v. F & F Clothing Co.Court of Appeals of Maryland · 1968
  5. Ben Pulitzer Creations, Inc. v. Phoenix InsuranceAppellate Terms of the Supreme Court of New York · 1966

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3Cited by5 opinions

  1. Palm Desert National Bank v. Federal InsuranceDistrict Court, C.D. California · 2007
  2. Palm Desert National Bank v. Federal InsuranceCourt of Appeals for the Ninth Circuit · 2008
  3. Bloomington Lincoln Mercury Inc. d/b/a Lincoln of Bloomington v. Clear Blue Specialty Insurance CompanyDistrict Court, D. Minnesota · 2026
  4. Cargo Master, Inc. v. Ace USA Insurance Company, Steven W. Hines, D/B/A S & A Trucking, and S & A Transportation, Inc. D/B/A S & A TruckingCourt of Appeals of Tennessee · 2007
  5. Those Interested Underwriters at Lloyd's etc. v. Transguard Ins. CA2/2California Court of Appeal · 2014

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