Embassy Electronics, Ltd. v. Lumbermens Mutual Casualty Co.

OPINION

LEISURE, District Judge:

Defendant Lumbermens Mutual Casualty Company (“Lumbermens”) has moved pursuant to Fed.R.Civ.P. 14(a) for leave of Court to serve a third-party summons and complaint upon Lawrence Klausner, Inc. (“Klausner”). Plaintiff opposes the motion on several grounds.

Plaintiff has sued in diversity to recover on an insurance policy issued to it by Lumbermens on or about May 17, 1984. The policy insured plaintiff’s stock and contents against all risks up to an amount not exceeding $400,000 and plaintiff’s personal property, furniture and fixtures up to an amount not…