American Indemnity Co. v. Swartz

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by defendant, American Indemnity Company, from a final judgment against it, awarding plaintiffs-full recovery upon a robbery loss upon the basis that said loss was insured by the defendant, and awarding plaintiffs damages and attorney’s fees by reason of vexatious delay in the payment of the loss.

This case was tried to the court without a jury. Jurisdiction based upon diversity of citizenship and the requisite amount is established. Much of the evidence is stipulated. We summarize the material facts.

Plaintiffs are members of a partnership…