Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ILLINOIS PRODUCE INTERNATIONAL, INC. v. RELIANCE

January 15, 1975

ILLINOIS PRODUCE INTERNATIONAL, INC., PLAINTIFF,
v.
RELIANCE INSURANCE COMPANY AND THE FLYING TIGER LINE, INC., DEFENDANTS. RELIANCE INSURANCE COMPANY, THIRD-PARTY PLAINTIFF, V. THE FLYING TIGER LINE, INC., AND KRIEGSMAN TRANSFER CO., THIRD-PARTY DEFENDANTS.



The opinion of the court was delivered by: Perry, District Judge.

  FINDINGS OF FACT AND CONCLUSIONS OF LAW

This action was tried by the court without a jury. The court has heard and considered all of the evidence adduced and heard argument of counsel. It has further considered the proposed findings of fact and conclusions of law submitted on behalf of each of the three parties by their counsel and the memoranda of the various counsel. The court, being fully advised in the premises, hereby makes the following as its findings of fact and conclusions of law herein:

Findings of Fact

1. Plaintiff, Illinois Produce International, Inc. ("Illinois Produce"), is a corporation duly organized and existing under the laws of the State of Illinois with its principal place of business in that state; defendant and third party plaintiff, Reliance Insurance Company ("Reliance") is a citizen of the State of Pennsylvania, and defendant and third party defendant, The Flying Tiger Line, Inc. ("Flying Tiger") is a California corporation.

2. The amount in controversy, excluding interest and costs, exceeds $10,000.00.

3. Plaintiff Illinois Produce had purchased 529 live breeding hogs for shipment from Chicago to a farm near Saigon, South Viet Nam. In late 1971 it proceeded to arrange for the shipment via Flying Tiger aircraft and to purchase a certain policy of insurance from Reliance.

4. Two of the hogs were dead upon arrival in Chicago for shipment; and the remaining 527 were loaded for shipment on January 8, 1972 at Chicago. On January 10, 1972 the shipment of hogs arrived at the airport in Saigon. They were trucked to a farm approximately 10 miles from the airport and there a count showed 104 hogs were dead.

5. A claim for loss was presented by Illinois Produce to Reliance and denied. Illinois Produce then brought this action against Reliance to recover for an alleged breach of the insurance contract; and Reliance filed a third-party action against Flying Tiger and Kriegsman Transfer Co. ("Kriegsman"), seeking indemnity if judgment is entered against Reliance. Later Flying Tiger was added as a principal defendant by plaintiff's amended complaint. On motion of Reliance, Kriegsman was dismissed as a third-party defendant herein during trial.

6. In arranging for the shipment, Illinois Produce, on or about December 20, 1971, entered into a written contract with Flying Tiger, entitled Agreement of Airplane Charter, which Agreement was numbered 5308. [Plaintiff's Exhibit 2] Said contract was signed by both parties to be charged who were both corporations dealing at arm's length and had constructive knowledge of the provisions of the aforesaid contract. The contract contained the following language, in part:

  "9.(a)  The Carrier shall not be liable for any
          loss, damage, delay or other result not
          caused by its negligence.
    "(b)  In addition to and without limiting the
          generality of paragraph 9(a), the Carrier
          shall not be liable for any loss, damage,
          delay or other result caused by:
          "(3) The nature of the shipment, or any
          defect, characteristic or inherent vice
          thereof;
          "(8) The death, injury or escape of live
          freight."

7. In late December 1971, Illinois Produce purchased a policy of insurance from Reliance and Reliance issued its policy number CP48090 on December 30, 1971 covering the shipment of the hogs in accordance with the terms and conditions of said policy. The stipulated premium of $4,200.00 was duly paid by plaintiff. By the policy terms, Reliance insured plaintiff against loss as defined and limited to 530 live hogs valued at $120,000. The policy [defendant Reliance's Exhibit 2] contained the following applicable language as a part of the printed form:

    "The RELIANCE INSURANCE COMPANY, in
  consideration of the payment of a premium as
  agreed, does by this Policy insure, lost or not
  lost ILLINOIS PRODUCE INTERNATIONAL . . .
  In the sum of One Hundred and Twenty Thousand and
  00/100 ($120,000.00) . . .

Upon Five Hundred Thirty (530) head of live hogs.

Valued at sum insured . . .

Laden on: Flying Tiger ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.