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up to a limit of $852,000, subject to certain coinsurance. The
policy also covered damage to personal property owned by the
insured and used in the insured’s business.
Following the roof collapse, petitioner engaged Len Orloff
of Claims International, Inc., to submit to Atlas a claim of loss
from the collapse. On April 27, 1994, Mr. Orloff submitted a
claim to Atlas on behalf of Julicher Sports. The claim reflects
an estimated cost of damage to the south building of $68,365 and
to its contents of $172,177, for a total of $240,542. To provide
the estimate for the south building itself, Mr. Orloff engaged an
independent builder who prepared a written estimate of the cost
of repairing the building.
Atlas raised questions about the validity of the contents
claim as initially submitted because certain items claimed
thereon appeared duplicative of earlier losses submitted in
connection with a previous incident or otherwise appeared
unfounded. As a result of concerns expressed by Atlas,
petitioner’s adjuster submitted a revised inventory that reduced
the contents damage claim from $172,177 to $70,095. The damage
claim with respect to the building remained $68,365.
Atlas subsequently requested a sworn proof of loss, which
petitioner’s adjuster submitted on his behalf in October 1994.
The sworn proof of loss included the revised inventory claim of
$70,095 and the original claim for damage to the building of
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