Merrin Jewelry Co. v. St. Paul Fire and Marine Ins. Co.

OPINION

POLLACK, District Judge.

This is a diversity case. On May 2, 1968 plaintiff, while insured by defendant under a “Jewelers Block policy” was the victim of an armed robbery occurring on plaintiff’s premises. Defendant was notified of the loss and sent its representatives to take inventory and in cooperation with plaintiff’s accountants, to audit the books and records of the plaintiff.

On July 31, 1968 the defendant sent plaintiff a notice of cancellation of the policy effective on August 6, 1968. A claim of loss in the amount of $352,716.-23 was submitted on or about August 6, 1968 to the…