Weinroth v. New Jersey Manufacturers Ass'n Fire Insurance

The opinion of the court was delivered by

Hetfield, J.

The appellant insurance company issued to the respondent a certain policy of insurance by the terms of which the respondent was indemnified against loss by fire or theft of a 1929 model Cadillac sedan automobile. It appears that the car was stolen on February 7th, 1931, while parked in Atlantic City, and was destroyed by fire shortly after the taking. When the proof of claim was presented, the insurance company disclaimed liability, on the ground that respondent breached a certain express warranty contained in the policy, to the effect that…