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Schneider v. New Amsterdam Casualty Co.

Decided: October 23, 1952.

BEATRICE SCHNEIDER, PLAINTIFF-RESPONDENT,
v.
NEW AMSTERDAM CASUALTY COMPANY, DEFENDANT-APPELLANT



Eastwood, Goldmann and Francis. Goldmann, J.A.D.

Goldmann

Plaintiff brought an action in the Essex County District Court to recover for property loss under an insurance policy issued to her by defendant. Judgment in the amount of $657.24 was entered in her favor, and defendant appeals.

On July 14, 1951 plaintiff went to the Newark airport to take a Modern Air Transport plane to Miami. She held a round-trip ticket purchased from that company, the price of the ticket including transportation of baggage within a stated weight. Before boarding the plane she checked a lady's bag and a pullman case, containing her clothes and personal effects, with the airline, to be forwarded on the same passenger plane she was taking. The bags were overweight; she paid $1.20 for the excess and received two Modern Air Transport checks limiting the company's liability to $100 for each bag. Plaintiff last saw the bags on the company conveyor, along with other baggage.

Upon arriving in Miami plaintiff presented the checks to the airline, but her baggage was not on the plane, nor did it come on later planes. The company has never been able to locate her property.

At the time of this trip there was in full force and effect a policy issued by defendant insuring plaintiff against property

loss through theft. Under "Coverage B -- Theft Away from the Premises," defendant agreed

"To pay for loss by theft or attempt thereat, vandalism or malicious mischief away from the premises of personal property insured under Coverage A ["Theft from the Premises or a Depository"] which is owned or used by the insured * * *.

This coverage does not apply to:

(c) property while unattended in or on any automobile, motorcycle or trailer, other than a public conveyance;

(d) loss of property while in the charge of * * * any carrier for hire;

CONDITIONS

1. Definitions. ...


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