A non-jury trial was held by this Court on a commercial crime insurance policy issued to the plaintiff, Joseph Wiesel, by the defendant, the Federal Emergency Management Agency (FEMA). Plaintiff, the owner of a lighting fixture store on North 2nd Street in Philadelphia, sought to recover $6,000.00 for a burglary loss at his store on October 16, 1982. FEMA refused to pay the plaintiff for his burglary loss on the ground that the plaintiff failed to produce adequate documentation concerning the property taken in the burglary. For the reasons set forth below, the Court finds that the plaintiff is not entitled to recover on the policy and, accordingly, will enter judgment for FEMA.
Based on the evidence produced at trial, the Court makes the following findings of fact and conclusions of law.
On October 16, 1982, the plaintiff's store was burglarized. The plaintiff was the owner of an insurance policy issued by FEMA, which policy covered burglary losses of money, securities, merchandise, furniture, fixtures and equipment. The policy was in effect at the time of the burglary. FEMA was notified of the burglary and assigned the Toensmeier Adjustment Service, Inc. (Toensmeier) to investigate and adjust the loss. Toensmeier obtained a statement from the plaintiff dated October 27, 1982, which stated that the burglars stole 14 lighting fixtures, 28 table lamps, 1 IBM typewriter, 1 adding machine, 1 calculator, 6 wall brackets, 1 set of metric calipers and 1 set of micrometers. (P-2, p. 1).
The plaintiff subsequently provided Toensmeier with an invoice from Sugarbush Products, Inc. (P-2, p. 2), which invoice lists the following lighting fixtures as having been purchased from Sugarbush Products on January 29, 1982:
5 pcs 24 arms, gold plated, with crystals $295.00 ea. $1,475.00
8 pcs 12 arms, Williamsburg with glass 265.00 ea. 2,120.00
8 pcs 12 arms, Bronze Case/Spanish 195.00 ea. 1,560.00
6 pcs 8 arms, Brass Colonial 160.00 ea. 960.00
3 pcs 6 arms, Chrome plated, #561 140.00 420.00
3 pcs 6 arms, Modern #508 170.00 510.00
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