Augenstein v. Insurance Co. of North America

As the insured under a “homeowners policy” issued by the defendant Insurance Company of North America covering, among other casualties, the theft or mysterious disappearance of personal property owned by the insured and situated on described premises, the plaintiff Elmer A. Augenstein claimed $50,000 (the limit of liability) for a theft of jewelry from his residence in West Barnstable alleged to have occurred on November 29,1967.

After some investigation, the insurer on January 29, 1968, advised the plaintiff’s counsel, in returning to him a submitted proof of loss, that “we are not yet…