Elmer A. Augenstein v. Insurance Company

In an action on a homeowners insurance policy for damages sustained as a result of the theft of jewelry from the plaintiff's home, a finding by referees under a reference clause of the policy that such a loss was sustained was conclusive and the insurer was not entitled to a fresh determination by a jury of the question of loss. [36-37] As the insured under a ""homeowners policy"" issued by the defendant Insurance Company of North America covering, among other casualties, the theft or mysterious disappearance of personal property owned by the insured and situated on described premises, the plaintiff Elmer A. Augenstein claimed $50,000 (the limit of liability) for a theft of jewelry from his residence in West Barnstable alleged to have occurred on November 29, 1967.