Gandelman

This appeal is from a summary judgment denying appellant a recovery on two separate policies of fire insurance alleged to have been in effect on April 11, 1947, at which time appellant suffered the loss of his entire stock of merchandise. A signed statement of facts was filed. The question presented is whether there is a material fact in dispute which, if resolved in favor of appellant, could support the conclusion that there existed a valid contract, binding on appellees. For the reasons hereinafter stated we reach the conclusion that the question must be answered in the negative and the judgment affirmed.

This is a diversity suit and all of the events concerned having taken place in the state of California a determination is to be made in accordance with California law.

In 1946 appellant was engaged in the furniture business in the city of Los An-geles. He insured his stock of merchandise through one Oelsner, a Los Angeles insurance broker representing numerous fire insurance companies, including appel-lees, and the National Fire Insurance Company of Hartford, Connecticut. In 1946 National (through its agent Oelsner) issued to appellant a provisional reporting form policy,…