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OCCIDENTAL PET. CORP. v. NEW HAMPSHIRE INS.

No. 78 Civ. 2824.

506 F.Supp. 606 (1981)

OCCIDENTAL PETROLEUM CORPORATION, Plaintiff, v. NEW HAMPSHIRE INSURANCE COMPANY, Centennial Insurance Company, United States Fire Insurance Company, Continental Insurance Company, Fireman's Fund Insurance Company, St. Paul Fire and Marine Insurance Company, Northwestern National Insurance Company, American Motorists Insurance Company, Highlands Insurance Company and American International Marine Agency of New York, Inc., Defendants.

United States District Court, S. D. New York.

January 30, 1981.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for plaintiff; John P. Vayda, Richard H. Sommer, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendants; Joseph J. Magrath, III, New York City, of counsel.

SOFAER, District Judge:

This case turns upon the proper construction of the terms of a marine insurance contract — a contract so ineptly drafted as to defy clear comprehension. Counsel have advanced various clever readings of the contested provisions, but the choice among the proposed meanings cannot turn solely on grammatical analysis; too many contrary readings are logically acceptable. The result, therefore, must turn on the background and purposes of this...

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