Granted summary judgment in federal court defeating the insured's breach of contract claim on the defense that the insured failed to produce admissible evidence of damages following a fire loss involving commercial property. The federal court denied the insured's motion for summary judgment, finding that the carrier was entitled to have its contractual fraud counterclaim heard by a jury, despite the fact that the alleged fraudulent conduct was committed, at least in part, by the insured's contractor-agent.