Varda, Inc. v. Insurance Company of North America

McLAUGHLIN, Circuit Judge:

The Insurance Company of North America (“INA”) issued a casualty insurance policy to Varda, Inc. (“Varda”), a clothing and shoe store. Thé policy required Varda to submit sworn proofs of loss after filing a claim with INA. When one of its stores was burglarized, Varda filed a notice of claim, but no proof of loss. INA undertook an investigation.

Almost a year later, Varda sued INA in the United States District Court for the Southern District of New York (John E. Sprizzo, Judge) for failure to pay the insurance. INA, for the first time, requested proofs of loss, but…