Orlando v. Manhattan Fire & Marine Insurance

The action is upon an insurance policy. Plaintiff was the owner of an excavating shovel. He was insured against damage caused to the shovel during transportation. The pertinent provision of the policy is found in a paragraph thereof which provides coverage against: “ (c) Collapse of bridges; collision, derailment or overturning of conveyances while the insured property is being transported thereon.”

Upon the return of a motion by plaintiff for summary judgment, the parties submitted an agreed statement of facts and stipulated that the question submitted to the court was as follows : “Is the…