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Amended Complaint Is Filed In Maggios Insurance Suit The motion to strike the complaint in the suit filed against Lloyds of London by H. D. Maggio, race horse owner and Chicago businessman, for 0,000 damages in the loss of the two-year-old, Uncle Charlie, was heard recently by Judge OMalley in the Superior Court here. Judge OMalley entered an order granting Maggio leave to file an amended complaint at law and ordered the defendant Lloyds to file their answer to the amended complaint. Maggio, through his attorney, Gerard A. Serrietella. filed the amended complaint with the clerk of the court on Wednesday and now action will be tried. A date will be set later to hear the case before a jury. The suit is the result of the claiming race exclusion clause in the policy which denies indemnity if the insured animal is entered in a claiming race. Maggio claims in the suit that he ordered complete coverage of the horse, Uncle Charlie, without any exclusion clause, but the the broker failed to comply with the orders. The complaint further states that he Maggio was not aware his contract was amended by the restrictive rider and that he never had been advised of it until after his loss occurred. Maggio further states he was not advised that his policy on Uncle Charlie was canceled following the horses running in a claiming race and that no refund of the unused portion of the premium was returned him. Uncle Charlie was destroyed December 12, 1951, following a training accident at the New Orleans Fair Grounds track.
