Commercial Union Insurance v. Orbit Shipping Corp.

— Order of Supreme Court, New York County (Alfred M. Ascione, J.), entered February 10, 1984, insofar as it granted summary judgment for plaintiff, unanimously modified, on the law, to deny plaintiff’s motion, and otherwise affirmed, without costs, and the judgment entered thereon, on March 1, 1984, is vacated.

This is an action by an insurer to recover earned premiums on an open cargo policy of insurance. The policy was issued to *600defendant Orbit Shipping Corporation. However, defendant Globe Shipping Co., Inc. (Globe) admits that the policy covers Globe. Plaintiff and defendant Globe moved…