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Civil Procedure Keyed to Subrin
Gross v. Hanover Ins. Co
Facts
Plaintiff suffered a large loss after his jewels were stolen from the Anthony Rizzo’s store. Plaintiff then made a claim under a policy issued by Defendant for $50,000 for the loss of consignment goods and $25,000 for the loss of jewels left at the store for safekeeping. Defendant moved to implead the Rizzo brothers because a witness stated that on the night of the theft, Joseph Rizzo was seen talking to a third party at the store wherein he gave them a bag right before he closed the store. Joseph claimed that the jewels were stolen when he turned his back for a few minutes. Defendant was also asserting that Joseph had a bad cocaine habit and therefore may have fabricated the theft. Plaintiff challenged Defendant’s motion as speculative and time-consuming.
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