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VARDA, INC. v. INSURANCE CO. OF NORTH AMERICA

No. 579, Docket 94-7405.

45 F.3d 634 (1995)

VARDA, INC., Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 13, 1995.

Attorney(s) appearing for the Case

Robert M. Sullivan, New York City (Ira J. Greenhill, P.C., of counsel), for defendant-appellant.

Dennis T. D'Antonio, New York City (Debra Ruth Wolin, Weg & Meyers, P.C., of counsel), for plaintiff-appellee.

Before: VAN GRAAFEILAND, McLAUGHLIN, and LEVAL, Circuit Judges.

McLAUGHLIN, Circuit Judge:

The Insurance Company of North America ("INA") issued a casualty insurance policy to Varda, Inc. ("Varda"), a clothing and shoe store. The policy required Varda to submit sworn proofs of loss after filing a claim with INA. When one of its stores was burglarized, Varda filed a notice of claim, but no proof of loss. INA undertook an investigation.

Almost a year later, Varda sued INA in the United States District Court for the Southern...

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