Danerhirsch v. Travelers Indemnity Co.

Smith, J.:

This is an action to recover upon a policy of burglary insurance. The only question submitted to the jury was the question of damages. The policy contained this provision: “The company shall not be liable for damages to the premises, furniture, fixtures, safe or vault therein * * * unless books of accounts are kept by the assured and the company can accurately determine therefrom the actual amount of loss or damage sustained.” I can read this provision in no other way than as a condition subsequent, rendering the policy void if such books of account are not kept. It does not…