Commercial Union Insurance Company of New York v. John L. Hamilton
This text of 375 F.2d 931 (Commercial Union Insurance Company of New York v. John L. Hamilton) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This action was filed by appellees (holders of an insurance policy) against the insurance company (appellant) to recover for loss of personal property contained in appellees' home. The policy was a so-called Home Owners Policy.
Appellees’ property was insured in part on an unspecified peril basis by another carrier.
There is, in the policy here in question, an “excess” provision providing for excess insurance over any other valid and collectible insurance. Appellees, who recovered from the other insurer for the property that was stolen, called on appellant for such excess loss. Appellant declined to pay and, on cross motions for summary judgment, the District Court held that the loss was covered by the “excess” provision.
We find no error.
Affirmed.
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Cite This Page — Counsel Stack
375 F.2d 931, 126 U.S. App. D.C. 186, 1967 U.S. App. LEXIS 7160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-union-insurance-company-of-new-york-v-john-l-hamilton-cadc-1967.