Lattimore

Lattimore v. Merchants Fire Assurance Corp.

Good Law
151 F. Supp. 396·1957 U.S. Dist. LEXIS 3553
United States District Court, Northern District of CaliforniaMay 14, 1957No. 35693California1,842 words

Opinion

lead Opinion

Harris, J.

Plaintiff seeks to recover from defendant under a personal property floater insurance policy which she carried with defendant for some ten years prior to the particular loss involved in this action. The policy was renewed in 1955 for a three-year period. The total amount of the policy was some $48,000; the particular items for which recovery is sought represent only a small percentage of the face amount.

Plaintiff, a collector of objects of art, has filed a claim for loss and damage on certain items of scheduled fine arts, including statuary, vases, dolls, bric-a-brac. She also has presented a claim for loss and damage on unscheduled property for which her policy provides maximum recovery 'in the amount of $9950, this being the estimated value of the unscheduled *397 personal property. The loss occurred in storage, and while moving the property from storage to the apartment- of plaintiff.

Defendant has resisted both the claim on the scheduled fine arts — disputing the total value of the damaged articles —and the unscheduled property. With respect to the latter, defendant denies all liability, contending that plaintiff misrepresented and concealed a material fact in obtaining the…

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