Kaplan v. United States Fidelity & Guaranty Co.

This appeal is by the defendant insurance company from a judgment in the sum of $6,000 entered upon the verdict of a jury. The action was in assumpsit upon an insurance policy issued on April 3, 1926, whereby defendant undertook to indemnify plaintiffs from loss on account of interior robbery.

The declaration recited the material terms of the policy and averred a loss at plaintiff’s store on August 31, 1926.

Defendant pleaded the general issue and by a special plea averred that there was a breach of a promissory warranty of the policy which provided that one or more custodians (as therein…