GREEN v. ST. PAUL FIRE AND MARINE INS. CO.

Nos. 87 Civ. 3172 (MGC), 87 Civ. 3173 (MGC).

691 F.Supp. 700 (1988)

David M. GREEN, as Interim Trustee for National Gold Distributors, Ltd. and Leach & Garner Company, Plaintiffs, v. The ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant. David M. GREEN, as Interim Trustee for National Gold Distributors, Ltd. and the Chase Manhattan Bank, N.A., Plaintiffs, v. The ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

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

July 8, 1988.


Attorney(s) appearing for the Case

Bigham Englar Jones & Houston, New York City by Stephen M. Marcusa, for plaintiffs David M. Green, as Interim Trustee, and The Chase Manhattan Bank.

Edwards & Angell, New York City by Susan S. Egan, for plaintiff Leach & Garner Co.

Tell, Cheser & Breitbart, New York City by Benjamin L. Tell, Franklin Tell, Solomon Cheser, for defendant.


OPINION

CEDARBAUM, District Judge.

These are two actions to recover under an insurance policy for theft of property. The insured is in Chapter 7 bankruptcy. The actions are brought by the insured's trustee in bankruptcy and by two consignors of gold which was in the insured's custody at the time of an alleged robbery at the insured's place of business. The defendant insurance company has moved for summary judgment on two affirmative defenses. Defendant contends...

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