Weis v. International Ins. Co., Inc.

ORDER

SHOOB, District Judge.

This diversity action on an insurance contract is presently before the Court on defendant insurer’s motion for summary judgment. Defendant argues that plaintiff failed to notify it immediately of her alleged theft loss and thus did not satisfy one of the conditions precedent to recovery under the terms of the policy. Plaintiff responds that (1) defendant waived the immediate notice requirement; and (2) in any case, the question of whether she complied with the immediate notice provision is one of fact for the jury.

FACTS

The undisputed facts material to the resolution…