Pisciotte v. Indemnity Co. of America

ST, PAUL, J.

Plaintiff sues for the value of his stolen automobile insured against theft by defendant. The defense is that he breached the following warranty clause of the policy, to wit:

“In consideration of a reduction in premium, it is warranted by the insured that the automobile insured under this policy will be continuously equipped with a locking device, known as ‘Sargeant lock.’ The insured undertakes during the currency of this policy, to use an diligence and care in maintaining the efficiency of said locking device and in locking the automobile when leaving it unattended.”

I

It is clear…