Kalimian v. Liberty Mutual Fire Insurance

J. JOSEPH SMITH, Circuit Judge.

This is an appeal by plaintiffs and cross-appeal by defendant from a judgment in an action on a marine open cargo policy, dismissing the complaint after trial in the District Court for the Southern District of New York before Judge MacMahon without a jury. We find error in part and reverse and remand for consolidation with pending action and determination of issues including mootness.

Appellants, father and two sons, doing business as “Kalimko Buying Service” sued to recover $118,000 from appellee insurance company on a policy of cargo insurance for damages…