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MERRIN JEWELRY CO. v. ST. PAUL FIRE AND MARINE INS. CO.

No. 69 Civ. 481.

301 F.Supp. 479 (1969)

MERRIN JEWELRY CO., Inc., Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

May 13, 1969.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff, by Reginald Leo Duff, New York City, of counsel.

Tell, Cheser, Werner & Breitbart, New York City, for defendant, by Solomon M. Cheser, New York City, of counsel.

OPINION

POLLACK, District Judge.

This is a diversity case. On May 2, 1968 plaintiff, while insured by defendant under a "Jewelers Block policy" was the victim of an armed robbery occurring on plaintiff's premises. Defendant was notified of the loss and sent its representatives to take inventory and in co-operation with plaintiff's accountants, to audit the books and records of the plaintiff.

On July 31, 1968 the defendant sent plaintiff a notice...

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