Legal Opinion

CashZone Check Cashing Corp. v. Vigilant Insurance

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

Plaintiffs seek coverage under the “In Transit” clause of an insurance bond they purchased from defendant Vigilant Insurance Company, for losses they sustained due to an embezzlement scheme perpetrated by the principals of nonparty Mount Vernon Money Center (MVMC), an armored car company. The larcenies were perpetrated while plaintiffs’ cash was being processed at MVMC’s vault, en route between the Federal Reserve Bank and plaintiffs’ check-cashing businesses and ATMs. The insurer disclaimed coverage, and in this declaratory judgment action, both sides moved for…

2Cases cited7 opinions

  1. Underwood v. Globe Indemnity Co.New York Court of Appeals · 1927
  2. Tivoli Corp. v. Jewelers Mutual Insurance Co., Texas Court of Appeals, 4th District (San Antonio)1996
  3. Ben Pulitzer Creations, Inc. v. Phoenix InsuranceCivil Court of the City of New York · 1965
  4. Franklin v. Washington General InsuranceNew York Supreme Court · 1970
  5. United States v. EganDistrict Court, S.D. New York · 2011

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