Kleenit, Inc. v. Sentry Insurance

MEMORANDUM AND ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT BY DEFENDANT TRAVELERS INDEMNITY COMPANY (# 93)

COLLINGS, United States Magistrate Judge.

I. Introduction

This case involves the existence of decades-old insurance policies, purportedly dating back to the mid-sixties. Both the original owner and accountant of the insured business are now deceased; the insurance agency that handled most of the insured’s policies during the relevant time frame is now defunct; and neither the insurer nor the insured can locate copies of the putative policies. Against this backdrop, the defendant insurance…