DNA Plant Technology Corp. v. Navigators Insurance
District Court, D. New Jersey
1Opinion of the Court
OPINION
FISHER, District Judge.
This is a declaratory judgment action for insurance coverage under a policy issued by Navigators Insurance Company (“Naviga tors”) to DNA Plant Technology Corp (“DNAP”) The policy at issue, an “all risk” insurance policy, provided coverage for the period March 23, 1993 to March 23, 1994. Before the court is the question of which party shall bear the burden of establishing where the loss occurred under the policy. For the reasons that follow, I conclude that plaintiff shall bear the burden of establishing the loss occurred within the United States.
The following…
2Cases cited5 opinions
- Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
- Banco Nacional De Nicaragua v. Argonaut Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1982
- B & S ASSOCIATES, INC. v. Indemnity Casualty and Property, Ltd.District Court of Appeal of Florida · 1994
- Harrington v. LauerDistrict Court, D. New Jersey · 1995
- Beth Abraham Hospital v. BowenDistrict Court, S.D. New York · 1988
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- Port Authority of New York & New Jersey v. Affiliated FM InsuranceDistrict Court, D. New Jersey · 2001