Katz v. Fidelity & Deposit Co.

The order denying defendant’s motion for summary judgment dismissing the complaint should be reversed and the motion granted since, under the undisputed facts, there has been no waiver, as matter of law, of a conceded breach of warranty which vitiated the policy sued upon. The complaint sets forth two causes of action, to recover losses sustained by two burglaries during the period of a policy of burglary insurance. The first loss occurred on September 19, 1932. Plaintiff duly filed proofs of loss, which were received and retained by defendant. Defendant immediately commenced the usual…