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SDNY denies Lloyd's motion for summary judgment because key JB term was undefined.
October 11, 2007
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In the case of Alex & Alex Diamonds, Inc. v. Certain Underwriters at Lloyd's, London, Lloyd's attempted to disclaim coverage because the JB policy did not provide coverage for commission salesmen. Alex & Alex argued that the man from whom the $160,00 worth of jewelery was stolen was not a commission salesman, but rather an employee. Trial court held that because policy did not define term "commission salesman", it could not determine as a matter of law whether individual was (or was not) a commission salesman.
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