Where no reasonable juror could find ambiguity in the policy's exclusions for wetness and poor packaging, or that they were not prominent, the insurer's motion for summary judgment is granted in this action seeking a declaration that it was not liable for water damage to cargo being transported by its insured; the insured's motion for summary judgment on its third-party complaint against the insurance agent alleging breach of duty in procuring the policy is denied because material issues of fact exist.
July 18, 2005 at 12:00 AM
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