Legal Opinion

IQ Originals, Inc. v. Boston Old Colony Insurance

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

Decided February 11, 1982PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Lupiano, J.

Defendant insurer issued a policy of insurance covering “all risks of physical loss or damage to the insured property from any cause whatsoever” (emphasis supplied) to the plaintiff, a wholesaler of merchandise. The policy contains a clause limiting liability in pertinent part as follows: . “This company shall not be liable hereunder for more than A $20,000.00 in any one shipment, but not exceeding B $40,000.00 in any loss, disaster or casualty.” This limitation of liability clause was subsequently amended on consent to increase the respective “one shipment” and…

2Cases cited2 opinions

  1. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  2. Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959

3Cited by8 opinions

  1. Atlantic Cement Co. v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. I Q Originals, Inc. v. Boston Old Colony InsuranceNew York Court of Appeals · 1982
  3. 45 Broadway Owner LLC v. Nysa-Ila Pension Trust FundAppellate Division of the Supreme Court of the State of New York · 2013
  4. Blue Water Realty, LLC v. Salon Mgt. of Great Neck, Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Blue Water Realty, LLC v. Salon Mgt. of Great Neck, Corp.Appellate Division of the Supreme Court of the State of New York · 2020

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