Wilds v. Fidelity & Deposit Co.

Plaintiff, in April, 1923, was a merchant tailor in the city of Detroit. He carried a $2,000 policy of burglary insurance with defendant. In December, 1923, he suffered two losses of merchandise by burglary amounting in value to over $2,000. Plaintiff made proper proofs of loss and delivered them to the company, but it denied liability on the ground that plaintiff had violated express warranties or statements contained in the policy. In the policy, under the head of “declarations,” the following statements appear:

“Item 9: A burglar alarm system is maintained, and will be tested and left duly…