Rosen v. Underwriters at Lloyd's of London

CLARY, District Judge.

The matter is before me on defendants’ motion to dismiss plaintiff’s amended complaint.

The action is based on a policy of insurance issued upon several valuable horses, among which was one known as “Palatine King”, insured for $19,200. The policy was issued for the period July 27, 1949 to July 27, 1950. ' On July 3, 1950, “Palatine King” suffered an injury. Plaintiff alleges that the injury was of such a nature as to require immediate destruction of the animal. The policy provided that no liability should attach in the event of slaughter of the animal unless the…