Fine Wear Manufacturing Co. v. Giuffrida

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff brings this action for recovery of an unpaid claim made under a Commercial Crime Insurance Policy (Defendant’s Exhibit A) issued under the Federal Crime Insurance Program. Defendant now moves for summary judgment pursuant to Rule 56(b), Fed.R.Civ.P., on the ground that plaintiff failed to file a sworn proof of *473loss statement within sixty days of the discovery of the loss, as required by Condition No. 6(b)1 of the policy, which is contained in 44 C.F.R. Section 83.26. Defendant maintains that this omission bars plaintiff from recovery under…