Reiss v. British General Ins.

RYAN, District Judge.

Defendant moves to vacate plaintiffs’ notice to take the deposition of Samuel Berger, described in the notice as “one of the attorneys for the defendant.” The notice specified the matter concerning which examination of Berger is sought, to wit, “as to any knowledge he may have of the facts alleged in the answer of the defendant.”

The action is brought to recover for loss of certain jewelry upon a policy of insurance issued by defendant insuring plaintiffs against all risk of loss of specific jewelry owned by plaintiffs.

Defendant’s answer consists substantially of a denial…