Saritejdiam, Inc. v. Excess Insurance

MCLAUGHLIN, Circuit Judge, .

dissenting:

We are unanimous that the central question in this case is whether the diamonds were lost while in the “close personal custody and control” of Danilin. The majority concludes that the loss occurred “when the salesman walked out of the diner door;” and because he was obviously no longer in close personal custody and control of the diamonds at that point, there is no insurance coverage. In my view the loss occurred when Danilin left his table at the diner, a point when he was still in close personal custody and control of the diamonds, and thus there is…