Barr Co. v. Safeco Insurance Co. of America

MEMORANDUM AND ORDER

MORAN, District Judge.

Before the court is defendant Safeco Insurance Co. of America’s motion to dismiss plaintiff Barr Co.’s second amended complaint. Plaintiff brings suit for non-payment on an insurance contract it entered into with defendant in January 1980. In August of 1980 plaintiff notified defendant of a pattern of employee theft it had discovered that caused a loss, it claimed, of $1,800,000 for the years 1977-1980. Plaintiff sought recovery for the portion of these thefts covered by its contract with defendant. After almost three years of supplying information…