Fine v. St. Paul Fire & Marine Insurance

CASSIBRY, District Judge:

This case presents two riddles: when, if ever, is a slot machine not a slot machine? And, second, when is the possession of contraband not illegal? The litigation arose as a result of defendant St. Paul Fire and Marine Insurance Company’s denial of coverage under the terms of a homeowner’s policy issued to the plaintiff, David Fine, for the loss by theft of eight antique slot machines. On June 6 and 7, 1983, the case was tried to the Court sitting without a jury; the Court’s jurisdiction rests on diversity of citizenship and is uncontested.

1. Background

The history of…