Murray Gladstone v. Fireman's Fund Insurance Company

MESKILL, Circuit Judge:

Plaintiff Murray Gladstone appeals from an order of the United States District Court for the Southern District of New York, Henry F. Werker, Judge, which granted the defendant Fireman’s Fund Insurance Company’s (“Fireman’s Fund”) motion for summary judgment in an action based upon a contract of insurance; federal jurisdiction rests on the parties’ diversity of citizenship. Because there is still an unsettled dispute with respect to material issues of fact, we find the grant of summary judgment here to have been inappropriate and consequently reverse and remand the case…