Dixie Warehouse v. Federal Emergency Mgmt. Agency

MEMORANDUM OPINION AND ORDER

WARD, Chief Judge.

This matter is before the Court on the defendant’s Motion for Summary Judgment (April 20,1982). Plaintiff seeks recovery on an insurance contract for damage to property insured by the defendant. Defendant seeks dismissal of the action on the ground that plaintiff failed to give a proof of loss, which allegedly was a condition precedent to defendant’s liability under the insurance policy. The Court cannot conclude as a matter of law that defendant is entitled to judgment in its favor and therefore will deny the motion.

The plaintiff, Dixie…