Bergman v. American Liberty Insurance

Appellate Terms of the Supreme Court of New York

Bergman v. American Liberty Insurance

11 Misc. 2d 482, 172 N.Y.S.2d 622, 1958 N.Y. Misc. LEXIS 3943

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 30, 1958

StatusPublished

This text of 11 Misc. 2d 482 (Bergman v. American Liberty Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bergman v. American Liberty Insurance, 11 Misc. 2d 482, 172 N.Y.S.2d 622, 1958 N.Y. Misc. LEXIS 3943 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The stipulated facts in this case revealed that an airplane was shot down by military personnel of the Government of Bulgaria, as a result of which a ring, covered by a policy issued by defendant, was lost.

A clause in the policy specifically excluding certain losses is couched in clear and unambiguous language which has a defined meaning and purpose.

Plaintiff failed to prove that the loss was not the result of one of the clearly excluded risks, namely, ‘ ‘ Hostile or warlike action in time of peace or war ”.

Consequently the complaint should have been dismissed and it was error to award judgment in favor of plaintiff.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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