This is an appeal from a decision and order of the United States District Court for the Southern District of New York denying recovery to plaintiff under a Container and Chassis Policy issued by defendant. The facts, which were introduced by stipulation, are uncomplicated. Beginning in April 1971, appellant leased approximately 700 pieces of equipment, including containers and chassis, for use on ships which it operated out of New York City. Upon termination of appellant’s liner service in October 1972, pier personnel discovered the loss of 2 containers and 7 chassis which are the subject of this suit. Appellant maintained a perpetual inventory control of all its equipment; and, according to its records, each of the missing chattels was in the custody and control of the pier at the time the loss was discovered. Tracers sent to appellant’s agents and the carriers with whom it dealt failed to uncover any of the lost items. 1
The policy issued by appellee insured for “physical loss or damage to the property insured from any external cause”, except for certain exclusions which are not pertinent to the issues herein, and was correctly construed by the District Judge to be an “all risks” policy. The District Judge was also correct in holding that, for recovery under an all risks policy, an insured need demonstrate only that a fortuitous loss has occurred.
Redna Marine Corp. v. Poland,
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In construing the language of a contract, such as a policy of insurance, the standard is what a normally constituted person would have understood it to mean in its actual setting.
New York Trust Co. v. Island Oil & Transport Corp.,
It is generally held, therefore, that where goods have mysteriously disappeared, all that an all risk insured need show is that the loss occurred,
Balogh v. Jewelers Mutual Ins. Co.,
The judgment appealed from is reversed and the matter is remanded to the District Court for entry of judgment in favor of the plaintiff in such amount as the District Court shall find warranted by the proof.
Notes
. One of the missing chassis was subsequently found, abandoned and stripped, in a vacant lot in New Jersey, and appellant seeks recovery only for its depreciated value. Another was subsequently returned, stripped of its valuable parts, and appellant seeks only the cost of repairs.
.
Northwestern Mutual Life Ins. Co, v. Linard,
