Legal Opinion
Pilot Freight Carriers, Inc. v. Fidelity-Phenix Fire Ins.
District Court, M.D. North Carolina
Decided June 28, 1951No. Civ. A. No. 351PublishedCited by 1 opinion
1Opinion of the Court
HAYES, District Judge.
The plaintiff is a common carrier of freight by motor truck in inter-state commerce and carried with defendant insurance against loss by theft of its cargo. It is conceded that a trailer load of cigarettes valued in excess of $50,000 was stolen from plaintiff near Reynolds Tobacco Company’s Lackawanna Warehouse in Jersey City. Defendant denies liability on account of an alleged breach of a condition of the policy by the plaintiff.
The insured was required by the terms of the contract to install and maintain the Babaco warning system, including the Parker device. When a…
2Cases cited3 opinions
- Cottingham v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
- H. & S. Pogue Co. v. Fidelity & Casualty Co.Court of Appeals for the Sixth Circuit · 1924
- Milkes v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1930
3Cited by1 opinion
- Fidelity-Phenix Fire Ins. Co. of New York v. Pilot Freight Carriers, Inc.Court of Appeals for the Fourth Circuit · 1952