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BERNE v. AETNA INS. CO.

Civ. No. 83/360.

604 F.Supp. 958 (1985)

Gary BERNE and Cynthia Berne, Plaintiffs/Appellees, v. AETNA INSURANCE COMPANY, Defendant/Appellant.

District Court, Virgin Islands, D. St. Thomas and St. John.

February 20, 1985.

Attorney(s) appearing for the Case

Aurelia Rashid, Birch, deJongh & Farrelly, St. Thomas, V.I., for plaintiffs/appellees.

John E. Lenahan, Bryant, Lenahan & Eltman, St. Croix, V.I., for defendant/appellant.

MEMORANDUM OPINION

DAVID V. O'BRIEN, District Judge.

This case, on appeal from Territorial Court, requires us to decide whether a provision in a homeowners policy which limits the recovery for loss by theft of jewelry to $500 is enforceable in the face of a total $20,000 coverage for unscheduled personal property provided in the same policy. We find such a special limitation is enforceable. We will reverse the judgment of Territorial Court awarding $20,000...

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