3 Mass. App. Ct. 718 | Mass. App. Ct. | 1975
In this action to recover damages for the loss of goods taken (by a man posing as a driver for the plaintiff’s trucking contractor) from the loading platform where they had been placed awaiting the arrival of the contractor, the trial judge was right in refusing to rule that such recovery was barred by either exclusion 8 or 9 of the insurance policy. Those exclusions, interpreted in accordance with well settled canons of construction (see Palmer v. Pawtucket Mut. Ins. Co. 352 Mass. 304, 306 [1967], and cases cited; Bulyga v. Underwriters at Lloyd’s, London, 1 Mass. App. Ct. 359, 363 [1973], and cases cited), do not apply where, as here, the imposter made off with the goods before signing the customary bills of lading and in the absence of the plaintiff’s employee in charge of the goods (who had gone in search of a pen in order that the necessary signatures could be ob
Exceptions overruled.