Kimta v. Royal Insurance

Becker, A.C.J.

— This is a marine insurance coverage dispute involving seafood cargo that was confiscated by Russian authorities. The insurers denied coverage for the seized cargo based on an exclusion known as the Free of Capture and Seizure Clause. Under settled federal law in cases addressing the effect of this clause, the seizure was the efficient proximate cause of the loss as a matter of law, *719even though it might be found that a covered risk was a cause of the seizure. We direct entry of summary judgment for the insurers.

I

The ship, the MFVBikin, was transporting cargo from the Russian…