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OAKLEY GRAIN & SUPPLY CO. v. INDEMNITY INSURANCE CO.

Civ. A. No. 2466.

173 F.Supp. 419 (1959)

OAKLEY GRAIN & SUPPLY COMPANY, a Corporation, Plaintiff, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a Corporation, Defendant.

United States District Court S. D. Illinois, S. D.

April 21, 1959.

Attorney(s) appearing for the Case

Rosenberg & Rosenberg, Decatur, Ill., for plaintiff.

Garman & Owen, Decatur, Ill., for defendant.

POOS, District Judge.

The plaintiff sues for recovery of loss under a policy of fidelity insurance. Two of the conditions and limitations clauses of the policy are as follows:

(1) "Loss shall be covered only if discovered while this insurance is in force or within two years after its termination. The assured shall notify the Company in writing of any loss within fifteen days after discovery thereof, and such notice shall set forth the position of the Employee...

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