New Image, Inc. v. Travelers Indemnity Co.

MEMORANDUM

LOUIS H. POLLAK, District Judge.

Plaintiff initially brought this suit in the Court of Common Pleas, Philadelphia County, seeking to recover, upon an insurance policy issued by defendant, losses of property and earnings which resulted from a fire at plaintiff’s place of business. Defendant removed the case to this court on June 16, 1981, and on July 8,1981 defendant filed its answer with affirmative defenses, averring, inter alia, fraud in plaintiff’s representations to defendant concerning the circumstances and causes of the fire. Subsequently, on October 9, 1981, defendant moved,…