Dairy America, Inc. v. New York Marine and General Ins. Co.
(E.D. Cal. June 11, 2009)
Plaintiff secured an ocean cargo policy from the insurer which included a clause stating that insurance “attaches to all shipments commencing on or after August 11, 2005 and prior to October 1, 2006, both days at 12:01 A.M. local standard time at place of insurance.” The binder, however, lacked such an attachment clause.
Plaintiff assembled several dozen loads of milk powder for shipment to Havana, Cuba. On August 29, 2005, 59 …Continue Reading