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COMMONWEALTH INS. CO. OF N. Y. v. O. HENRY TENT & A. CO.

No. 12528.

266 F.2d 200 (1959)

COMMONWEALTH INSURANCE COMPANY OF NEW YORK, The Continental Insurance Company, Milwaukee Insurance Company of Milwaukee, Wisconsin, United Fire Insurance Company, Plaintiffs-Counter-Defendants-Appellants, v. O. HENRY TENT & AWNING COMPANY, Defendant-Counter-Plaintiff-Appellee.

United States Court of Appeals Seventh Circuit.

May 1, 1959.

Attorney(s) appearing for the Case

Donald N. Clausen, Herbert W. Hirsh, Jerome H. Torshen, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., Attorneys for appellants.

John P. Gorman, Chicago, Ill., for appellant.

Morris A. Haft, Chicago, Ill., Bernard Davis, Haft, Shapiro & Davis, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and PARKINSON, Circuit Judges.

DUFFY, Chief Judge.

On March 31, 1955, each of the four plaintiff insurance companies issued a fire insurance policy to defendant. Each policy contained a monthly reporting form endorsement. Under this value reporting clause, the insured agreed to make monthly reports of the total cash value of the insured property at each location, and this clause provided that if such reports were not made, the policies were to cover not more than the amount included in the last...

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