W. J. Boynton & Son, Inc. v. Ætna Insurance

CARSWELL, Chief Judge.

This is before the Court for trial without a jury. Most of the material facts have been stipulated by the parties and it is upon this stipulation and testimony and deposition of plaintiff, together with exhibits attached to the pleadings, that the Court renders its judgment.

The record discloses that plaintiff and defendant entered into a contract insuring plaintiff against physical loss or damage directly caused by fire and other disasters and “leakage resulting from rupture, collapse and/or subsidence of tanks” and by subsequent endorsement stated the insurer’s…