Smith v. Continental Insurance

MANN, Chief Judge.

Smith alleges that a lighting fixture fell and injured him while he was at the Causeway Inn in Tampa. Among other defendants are Floodlight Service Co., the installer, now dissolved, and American Fire and Casualty Co., which is alleged to have insured Floodlight against liability. The complaint states that a copy of the policy is unavailable.

There are two depositions on file. In one the insurance agent who handled Floodlight’s insurance stated that he had no records going back to the date in question. Asked where one might look for evidence of the policy’s existence, he…