Cowan v. Continental Insurance

In *647an action (1) on an insurance contract for a declaratory judgment, and (2) to establish a constructive trust, defendant appeals from an order of the Supreme Court, Westchester County (Burchell, J.), entered December 22, 1980, which denied its motion to dismiss the complaint. Order reversed, on the law, motion granted and complaint dismissed, with $50 costs and disbursements. Plaintiff’s decedent was a crew member of the tug KING CO-BRA, which was lost off the coast of New Jersey near Cape May on January 2, 1979. Everyone aboard perished. At the time of the accident, the tug was covered by…