494 F.2d 678 (2nd Cir. 1974), 567, Ringers' Dutchocs, Inc. v. S. S. S. L. 180

Docket Nº:567, 73-2217.
Citation:494 F.2d 678
Party Name:RINGERS' DUTCHOCS, INC., Plaintiff-Appellant, v. S.S. S.L. 180, her engines, boilers, etc., and Sea-Land Service, Inc., Defendants, and Helvetia Swiss Fire Insurance Company, Limited, Defendant-Appellee.
Case Date:March 08, 1974
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 678

494 F.2d 678 (2nd Cir. 1974)

RINGERS' DUTCHOCS, INC., Plaintiff-Appellant,

v.

S.S. S.L. 180, her engines, boilers, etc., and Sea-Land Service, Inc., Defendants, and Helvetia Swiss Fire Insurance Company, Limited, Defendant-Appellee.

No. 567, 73-2217.

United States Court of Appeals, Second Circuit.

March 8, 1974

Argued Feb. 27, 1964.

Andrew R. Colmant, New York City (Leo P Cappelletti, Hill, Rivkins, McGowan & Carey, New York City, of counsel), for plaintiff-appellant.

Joseph Fennelly, Jr., New York City (David L. Maloof, Donovan, Donovan, Maloof & Walsh, New York City, of

Page 679

Before KAUFMAN, Chief Judge, and FEINBERG and MULLIGAN, Circuit judges.

IRVING R. KAUFMAN, Chief Judge:

Although many find hot chocolate a delightful treat, appellant Ringers' Dutchocs had rather the opposite reaction when 2,405 cartons of chocolate arrived in New York in an overheated condition. Ringers' had ordered the chocolates from a German shipper, Gebruder Stollwerck AG, terms C.I.F. from Cologne, Germany to a public warehouse in New York. Stollwerck, in turn, had purchased an 'All Risk' policy of marine insurance from appellee Helvetia Swiss Fire Insurance which, at Stollwerck's request, was issued to 'the bearer.' The policy was delivered to Stollwerck by Helvetia in Cologne; Stollwerck paid the premium on the policy and then mailed ti to Ringers' in New York.

The chocolates arrived in New York harbor on board the S.S. 'S.L. 180' on September 3, 1971. They were then transported to West Side Warehouses, Inc., arriving September 10. Upon discovering their damaged condition, Ringers' immediately notified Helvetia's designated claims survey agent in New York, Bertschmann & Maloy. Bertschmann, in turn, requested Worman & Co., Inc., surveyors, to examine the shipment. A copy of their report was sent to Ringers', which subsequently lodged a claim in the amount of $41,569.39 with Helvetia at its home office in Switzerland. Helvetia promptly rejected the claim, and Ringers' brought suit against Helvetia as well as the vessel, S.S. 'S.L. 180.' and its owner, Sea-Land Service, Inc.

On December 28, 1972, Helvetia moved to dismiss the complaint on the ground that it was not amenable to service of process in New York, and had committed no act which would support substituted service of process upon the Superintendent of Insurance as agent for Helvetia pursuant to N.Y...

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