Crew-Levick Co. v. British & Foreign Marine Ins.

No. 336
Decided Circuit Court, E. D. Pennsylvania
Disposition
denied
full scope · unanimous
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Court
Circuit Court, E. D. Pennsylvania
Decided
Judge
DALLAS, Circuit Judge
Posture
Plaintiff moved for judgment for want of a sufficient affidavit of defense
Plaintiff (1)
CREW-LEVICK CO.
T. P. Jenkins, for plaintiff
v.
Defendants (2)
BRITISH & FOREIGN MARINE INS. CO., Limited.
H. N. Paul, Jr., for defendant

Overview

The plaintiff's rule for judgment for want of a sufficient affidavit of defense is discharged. The case must be allowed to go to a jury to determine the factual issues.

Case summary

Crew-Levick Co. sued British & Foreign Marine Insurance Co. for loss of oil destroyed by fire. The insurance policy, originally a marine policy modified with a rider, covered 'oil contained in tank cars in transit.' The oil had been shipped via rail and delivered to plaintiff's private siding at its Philadelphia refinery, where carriers relinquished possession. Hours later, a fire in the warehouse destroyed the oil. Plaintiff argued coverage continued because oil was still in tank cars and not 'landed.' Defendant argued transit ended upon delivery. The court held the policy terminated risk upon delivery to the private siding, as transit had ended. The court denied plaintiff's motion for judgment, allowing the case to proceed to a jury.

Abstract

Plaintiff sued insurer for loss of oil destroyed by fire after rail delivery to its private refinery siding, claiming coverage under a modified marine policy for oil in tank cars in transit. Defendant argued transit and coverage ended upon delivery and relinquishment of possession by carriers. Court held policy terminated risk upon delivery to private siding, denied plaintiff's motion for judgment, discharged the rule, and allowed factual issues to proceed to jury trial.

Opinion of the court

Majority
opinion
DALLAS, Circuit Judge
  • Policy covered 'oil contained in tank cars in transit'
  • Delivery to private siding ended transit
  • Printed 'safely landed' clause inapplicable to inland transportation
  • Rider's language controlled interpretation
  • Case requires jury determination on factual issues

Jurisdiction

not challenged
Subject matter
Circuit Court jurisdiction over insurance contract dispute
Jurisdictional facts
  • Case involves interpretation of an insurance policy for inland transportation of oil

Procedural posture

Posture at trial
Plaintiff moved for judgment for want of a sufficient affidavit of defense
Posture on appeal
Direct appeal from trial court ruling on motion for judgment
Preserved issues
  • Interpretation of insurance policy regarding termination of risk

Legal categories

Business

Case record

Full case name
CREW-LEVICK CO. v. BRITISH & FOREIGN MARINE INS. CO., Limited.
Docket number
No. 336
Court
Circuit Court, E. D. Pennsylvania
Trial court
Circuit Court, E. D. Pennsylvania
Trial court judge
DALLAS, Circuit Judge
Decided
Opinion author
DALLAS, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
DALLAS, Circuit Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Court interpreted policy as terminating coverage upon delivery ending transit

Preservation

Issue preserved for review

Holdings of the court

Interpretation of insurance policy regarding termination of risk
The risk terminated upon delivery of the oil by placing the cars upon consignee's private siding at its refinery
The policy covered 'oil contained in tank cars in transit.' Delivery to plaintiff's private siding, with carriers relinquishing possession and control, ended the transit. The printed clause about 'safely landed' was inapplicable as this was inland transportation insurance. The rider's language controlled.
unanimousbinding precedent

Error analysis

  • Plaintiff's interpretation that coverage continued because oil was not 'landed' — legal · no error foundCourt found plaintiff's interpretation incorrect as matter of law

Statutory interpretation

1
Statute
Insurance policy contract
Question
Meaning of 'in transit' and termination of risk
Court's reading
'In transit' ends upon delivery to consignee's possession and control
Canons applied
Plain meaningContextual interpretation

Burden of proof

Prosecution burden
Plaintiff bears burden to prove coverage existed at time of loss
Burden met
false

Standards of review

  • Interpretation of insurance policy — de novo Contract interpretation is a question of law reviewed de novo

Timeline

6
Events
— Unspecified date of loss
Span
filingcited in opinion

Insurance policy issued with one-year term from October 10, 1895

Policy inception date establishing coverage period

CREW-LEVICK CO. · BRITISH & FOREIGN MARINE INS. CO., Limited.
filingcited in opinion

Rider attached to policy specifying coverage for 'oil contained in tank cars in transit'

Defined scope of coverage as inland transportation insurance

CREW-LEVICK CO. · BRITISH & FOREIGN MARINE INS. CO., Limited.
rulingcited in opinion

Court discharged plaintiff's rule for judgment, allowing case to go to jury

Outcome: Motion for judgment denied

Court found factual dispute requiring jury determination

DALLAS, Circuit Judge trial court
Unspecified date (hours before fire)factual eventcited in opinion

Tank cars placed on plaintiff's private siding within enclosed yard, carriers relinquished possession and control

Delivery completed, ending transit according to defendant

Railway companies · CREW-LEVICK CO. Swanson and Jackson streets, Philadelphia
Unspecified date before firefactual eventcited in opinion

Oil shipped via railroads from Pennsylvania and New York to plaintiff's Philadelphia location

Transportation phase covered by insurance policy

Railway companies · CREW-LEVICK CO. Various places to Philadelphia
Unspecified date of lossfactual eventcited in opinion

Fire started in plaintiff's warehouse/refinery, destroying oil in tank cars on siding

Loss event triggering insurance claim

CREW-LEVICK CO. Swanson and Jackson streets, Philadelphia

Facts & evidence

Incident

Location
Plaintiff's property at Swanson and Jackson streets, Philadelphia

Key facts

10 facts
  1. Defendant issued an insurance policy covering 'oil contained in tank cars in transit'
  2. Policy was a modified marine policy with a rider attached
  3. Printed clause referenced loading on 'said vessel' and safe landing, but blanks for places were not filled
  4. Rider specified coverage for oil in tank cars in transit from Pennsylvania and New York to various places
  5. Oil was shipped via railroads and consigned to plaintiff at Philadelphia
  6. Tank cars were placed on plaintiff's private siding within its enclosed yard, alongside its warehouse/refinery
  7. Carriers relinquished possession and control after placing cars on siding
  8. Oil was destroyed by fire that started in the warehouse/refinery some hours after delivery
  9. Plaintiff contended coverage continued because oil was still in tank cars and not 'landed'
  10. Defendant contended coverage terminated because transit had ended upon delivery

Disputed questions

  • Whether the oil was still 'in transit' at time of loss or whether transit had ended upon delivery to plaintiff's private siding

Procedural history

4 steps
  1. Plaintiff sued on insurance policy for loss of oil destroyed by fire
  2. Defendant filed affidavit of defense alleging transit had ended before loss
  3. Plaintiff moved for judgment for want of sufficient affidavit of defense
  4. Court considered motion and issued opinion

Evidence in the record

Testimonial
  • Expected testimony regarding delivery customs and transit termination
Documentary
  • Insurance policy with printed marine clauses
  • Rider attached specifying coverage for 'oil contained in tank cars in transit'
  • Affidavit of defense alleging delivery ended transit

Jury

Verdict
Not yet rendered
Jury instructions given
  • Case to be submitted to jury on factual issues

Objects of relevance

Tank cars containing oilPrivate railway sidingWarehouse/refinery

Authorities

Standards & doctrines

  • Contract interpretation de novo
  • Ambiguity construed against drafter

Legal principles applied

  • Contract interpretation favors assured only when ambiguity exists
Index terms41
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Entities and documentation
Legal actions
Action type
denied
Target
plaintiff's motion for judgment
Appealed from
trial court motion
Context
Court discharged plaintiff's rule for judgment for want of a sufficient affidavit of defense, allowing case to go to jury
Scope
full
Further instructions
Case to proceed to jury for factual determination
Disposition vote
unanimous
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