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BUCKEYE CELLULOSE CORP. v. ATLANTIC MUT. INS. CO.

No. 82 Civ. 7411(MEL).

612 F.Supp. 1184 (1985)

The BUCKEYE CELLULOSE CORPORATION, Plaintiff, v. ATLANTIC MUTUAL INSURANCE COMPANY, Defendant.

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

July 15, 1985.

Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, for plaintiff; Vincent J. Ryan, Brian M. Murphy, George W. Clarke, New York City, of counsel.

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

LASKER, District Judge.

Buckeye Cellulose Corporation ("Buckeye") moves for summary judgment to establish that its insurance contract with defendant Atlantic Mutual Insurance Company ("Atlantic") applies to a lost cargo claim based upon fraudulent conversion. Atlantic cross-moves for summary judgment to dismiss the complaint on the ground that the contract in question is ambiguous and should be construed against Buckeye. In the alternative, Atlantic argues that questions...

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