Commonwealth Insurance Co. of New York v. O. Henry Tent & Awning Co.

PERRY, District Judge.

In this proceeding for a declaratory judgment, plaintiff insurance companies ask for a determination as to the extent of their liability to defendant on a fire loss under certain policies of insurance. Plaintiffs contended that defendant had not complied with the provisions of a “Value Reporting Clause” contained in each of the policies, and that their liability should not exceed the sum of $14,360.76. Defendant, however, counterclaimed for a larger sum.

Having heard and considered the evidence herein, the court finds the facts and states the conclusions of law as follows: