Shields v. Nationwide Mutual Fire Insurance

MORRIS, Chief Judge.

In substance, plaintiff’s allegations supporting his claim for punitive damages were these: the loss by fire occurred on 6 July 1976, within the 60-day period for which the policy provided and on 25 August 1976, plaintiff, through his attorney, mailed defendant a proof of loss on a form furnished by defendant. On 13 September 1976, after the expiration of the 60-day period, a fact well known to defendant, defendant advised plaintiff that it could not accept “this paper as a sworn statement in proof of loss.” Prior to receipt of the proof of loss, and on 3 August 1976,…