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DAVID KARP CO., INC. v. SAINT PAUL FIRE & MARINE INS. CO.

283 A.D. 710 (1954)

David Karp Company, Inc., Appellant, v. Saint Paul Fire and Marine Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 23, 1954.

Judgment affirmed.

BERGAN, J. (dissenting).

The strongest case that the insurance company can make in support of its tendered construction of the policy it wrote is a case of ambiguity, and under familiar principles a case of ambiguity in construing an insurer's own language of coverage is commonly resolved against the insurer. It is conceded that the plaintiff delivered jewelry worth $81,266.74 to the Railway Express Agency, Air Express Division...

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