Legal Opinion

International Business Machines v. Fernstrom Storage & Van Co. (In re Fernstrom Storage & Van Co.)

Court of Appeals for the Seventh Circuit

Decided July 25, 1991No. 90-1213PublishedCited by 26 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

On June 30, 1979, fire damaged a Birmingham, Michigan, warehouse owned by debtor Bradley Moving and Storage Company, a subsidiary of debtor Fernstrom Storage and Van. The blaze destroyed $800,000 worth of computer equipment owned by International Business Machines (IBM) that was stored in the warehouse at the time. IBM presented a claim for damages to Fernstrom on March 12, 1980. When Fernstrom refused to pay, IBM filed a claim with its insurer, which reimbursed the computer maker for the lost equipment.

Fernstrom, too, was insured, under two policies which, taken…

2Cases cited34 opinions

  1. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  2. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  3. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  4. In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
  5. Foust v. Munson Steamship LinesSupreme Court of the United States · 1936

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3Cited by26 opinions

  1. The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
  2. In the Matter of Gladys E. Shondel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1991
  3. Fernstrom Storage and Van Company v. Fernstrom Storage and Van CompanyCourt of Appeals for the Seventh Circuit · 1991
  4. In Re Abc Learning Centres Ltd.United States Bankruptcy Court, D. Delaware · 2011
  5. In Re SCO Group, Inc.United States Bankruptcy Court, D. Delaware · 2007

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