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

No. 57 C 362.

184 F.Supp. 723 (1960)

COMMONWEALTH INSURANCE COMPANY OF NEW YORK, a corporation, The Continental Insurance Company, a corporation, Milwaukee Insurance Company of Milwaukee, Wisconsin, a corporation, United States Fire Insurance Company, a corporation, Plaintiffs, v. O. HENRY TENT & AWNING COMPANY, a corporation, Defendant.

United States District Court N. D. Illinois, E. D.

May 27, 1960.


Attorney(s) appearing for the Case

Donald N. Clausen, Herbert W. Hirsh, John P. Gorman, Jerome H. Torshen, of Clausen, Hirsh, Miller & Gorman, Chicago, Ill., for plaintiffs.

Morris A. Haft and Bernard Davis, of Haft, Shapiro & Davis, Chicago, Ill., for defendant.


PERRY, District Judge.

In this proceeding for a declaratory judgment, plaintiff insurance companies ask for a determination as to the extent of their liability to defendant on a fire loss under certain policies of insurance. Plaintiffs contended that defendant had not complied with the provisions of a "Value Reporting Clause" contained in each of the policies, and that their liability should not exceed the sum of $14,360.76. Defendant, however, counterclaimed for...

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