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ROESS v. ST. PAUL FIRE & MARINE INSURANCE COMPANY

No. 72-679-Civ-T-H.

383 F.Supp. 1231 (1974)

Martin J. ROESS, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

United States District Court, M. D. Florida, Tampa Division.

November 8, 1974.

Attorney(s) appearing for the Case

Thomas C. MacDonald, Jr., and Robert R. Vawter, Jr., of Shackleford, Farrior, Stallings & Evans, P. A., Tampa, Fla., for plaintiff.

W. Donald Cox of Fowler, White, Gillen, Boggs, Villareal & Banker, P. A., Tampa, Fla., for defendant.

ORDER

HODGES, District Judge.

This is an action for breach of contract, jury trial demanded. Plaintiff Roess, as the insured, sues the Defendant under a contract of insurance claiming that he has suffered a loss within the purview of the policy and that the Defendant has breached its contract by refusing to pay. Defendant (St. Paul Fire) has consistently denied that the claim was within the coverage afforded by the policy.

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