Legal Opinion

Westchester Fire Insurance Company v. Paul Sperling Dba Sperlings Dress Shop

Court of Appeals for the Ninth Circuit

Decided January 13, 1970No. 22836PublishedCited by 7 opinions

1Per curiam

This is an appeal from a judgment of the District Court of Nevada in a diversity case. Jurisdiction is under 28 U.S.C. § 1332. The sole issue is whether the action against the appellant insurance company is barred by the time limitations set out in the policy.

On January 28, 1965 a burglary of the appellee’s dress shop was discovered. This action was commenced February 18, 1966, which was one year and 21 days after the discovery of the burglary. Ap-pellee was awarded judgment for $23,-267.94.

Appellant contends that the appellee has not complied with the following provision of the insurance…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Swift v. TysonSupreme Court of the United States · 1842
  3. Bankers Trust Company, a Corporation v. Pacific Employers Insurance Company, a Corporation, and the Century Insurance Company, Limited, a CorporationCourt of Appeals for the Ninth Circuit · 1960
  4. Steel v. Phenix Ins.Court of Appeals for the Ninth Circuit · 1892
  5. Finkelstein v. AMERICAN INS. CO. OF NEWARKSupreme Court of Louisiana · 1952

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Clark v. Truck Insurance ExchangeNevada Supreme Court · 1979
  2. Federal Savings & Loan Insurance v. Aetna Casualty & Surety Co.District Court, E.D. Tennessee · 1988
  3. Agristor Credit Corp. v. SchmidlinDistrict Court, D. Oregon · 1985
  4. Zurn Engineers v. Eagle Star InsuranceCalifornia Court of Appeal · 1976
  5. Adams v. Northern Insurance Company of New YorkCourt of Appeals of Arizona · 1972

2 more not listed; retrieve them via the Exa API.

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