Legal Opinion

M. W. Zack Metal Co. v. Federal Insurance

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 1962PublishedCited by 3 opinions

1Per curiam

This is an appeal from an order entered June 2, 1961 which denied plaintiff’s motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice.

*142This is an action upon an insurance policy to recover for alleged damage to a shipment of steel.

On or about January 19, 1960, defendant issued a certificate of insurance pursuant to the terms of an open policy previously issued, which insured plaintiff in respect to the steel against all risks of physical loss or damage from any external cause. Only rust was excluded from coverage. The steel shipment originated in Zurich, reached…

2Cases cited3 opinions

  1. Werfel v. Zivnostenska BankaNew York Court of Appeals · 1941
  2. First Trust & Deposit Co. v. DentAppellate Division of the Supreme Court of the State of New York · 1942
  3. Bollack v. Société Générale pour Favoriser le Developpement du Commerce et de L'Industrie en FranceNew York Court of Appeals · 1944

3Cited by3 opinions

  1. Monarch Industrial Corp. v. American Motorists InsuranceDistrict Court, S.D. New York · 1967
  2. Stein Hall & Co., Inc., and Swift & Company v. S.S. Concordia Viking, Her Engines, Boilers, Etc., and Skibs A/s Samuel Bakke, and Third-Party v. Pittston Stevedoring Corp., Third-PartyCourt of Appeals for the Second Circuit · 1974
  3. Stein Hale & Co. v. S.S. Concordia VikingCourt of Appeals for the Second Circuit · 1974

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