Pelitsie v. National Surety Corp. of New York

The policies of burglary insurance upon which suit was brought contain the usual standard exclusion clauses. The exclusion clause material to this appeal read as follows:

“This policy does not apply: . . .

“(d) Unless records are kept by the insured in such manner that the company can accurately determine therefrom the amount of the loss.”

The sole issue on this appeal is whether the trial court should have determined as a matter of law that the plaintiff insured failed to substantially comply with said record-keeping clause of the policies. It is the defendants’ contention that the plaintiff…