Diamond Den, Ltd. v. Jefferson Insurance

Order and judgment unanimously reversed on the law with costs and motion denied. Memorandum: In this action by plaintiff to recover for a burglary loss, Special Term erred in granting defendant insurer summary judgment on the ground that plaintiff failed to maintain a detailed and itemized inventory as required under condition 8 (A) of the policy. It is well settled that only substantial compliance with such a clause is required (see, 5 Appleman, Insurance Law and Practice § 3021, at 118; 30 NY Jur, Insurance, § 1041, at 417-418). Here there is an issue of fact as to whether plaintiff…