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RUDDY v. ATL. MUT. INS. CO.

73 Misc.2d 494 (1972)

George M. Ruddy, Jr., Appellant, v. Atlantic Mutual Insurance Company, Respondent.

Supreme Court, Appellate Term, First Department.

July 11, 1972

Attorney(s) appearing for the Case

Max J. Gwertzman and Milton B. Pfeffer for appellant. Haight, Gardner, Poor & Havens (James M. Estabrook and Francis M. Meyler of counsel), for respondent.

GOLD, J. P., and LUPIANO, J., concur in Per Curiam opinion; QUINN, J., concurs in memorandum.

Per Curiam.

The terminology employed by defendant insurance company in this "yacht policy" is significant.

A distinction in the premium was made between the "Navigating Period" and the "Lay-Up Period", the former being at a rate about three times more than the latter. The assured warranted that, if "Navigating", the insured vessel shall be confined to certain waterways of the United States. The assured further warranted that the vessel would be "laid...

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