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Cordova, Inc. v. Lloyd's Underwriters

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1996
228 A.D.2d 179 (N.Y. App. Div. 1996)

Opinion

June 4, 1996

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).


The policy contains the standard exclusion for "[l]oss or damage to property while in or upon any automobile * * * unless, at the time the loss or damage occurs, there is actually in or upon such vehicle, the Assured, or a permanent employee of the Assured, or a person whose duty it is to attend the vehicle". According to plaintiff, the jewelry was left in a locked car that its employee had momentarily got out of to pay a gas station attendant, and was stolen, in sight of its frightened employee, by thieves using a metal object to smash the car windows. Crediting this account and plaintiff's claim that its employee would have been "upon" the car had he not been fearful for his safety, the exclusion, which has consistently been given a literal construction rejecting various theories of constructive possession of the vehicle, nevertheless applies to bar recovery (Royce Furs v. Home Ins. Co., 30 A.D.2d 238; accord, Wideband Jewelry Corp. v. Sun Ins. Co., 210 A.D.2d 220; see also, Jerome I. Silverman, Inc. v. Lloyd's Underwriters, 422 F. Supp. 89, 90).

Concur — Sullivan, J.P., Ellerin, Ross, Nardelli and Tom, JJ.


Summaries of

Cordova, Inc. v. Lloyd's Underwriters

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1996
228 A.D.2d 179 (N.Y. App. Div. 1996)
Case details for

Cordova, Inc. v. Lloyd's Underwriters

Case Details

Full title:CORDOVA, INC., Appellant, v. LLOYD's UNDERWRITERS, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 4, 1996

Citations

228 A.D.2d 179 (N.Y. App. Div. 1996)
643 N.Y.S.2d 543

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