Doerr v. National Fire Insurance

(dissenting). — I cannot agree with the majority opinion that the evidence in this case is sufficient to take the question of waiver by defendant of the locking device of the policy to the jury. That clause is as follows: “In consideration of the reduction in premium granted under this policy, it is made a condition thereof that the insured will at all times during the life of this policy maintain on the automobile insured under this policy, in working order, a locking device known as approved lock approved by the Underwriter’s Laboratories of the National Board of Eire Underwriters and…