Posnick-Nonas Co. v. United States Fidelity & Guaranty Co.

Here is involved the sufficiency of three separate and distinct avoidances contained in the reply. The action is on a policy of burglary insurance and the complaint is in the usual form. The answer, in addition to the denials, contains three *37separate and distinct defenses, with only one of which are we concerned. This is based on certain alleged breaches of warranty in the schedule forming part of the policy which are:

“ Statement 3. The portion of the building occupied solely by the Assured in conducting his business is 10th floor.

“ Statement 4. The business conducted by the Assured in the…