Security State Bank v. Royal Indemnity Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover on a policy of robbery insurance. The decision turns upon the question whether the plaintiff lost its right of recovery by failure to send a guard with the messenger who was robbed. The defendant appeals from an order overruling a demurrer to plaintiff’s petition. The pertinent part of the petition alleged that—

“In the statements made by plaintiff to the defendant, which are part of the policy hereto attached as ‘exhibit A,’ the plaintiff stated that one guard would at all times accompany the custodian while…