California Insurance v. Blumburg

Carlisle, Judge.

As will be seen from the statement of facts above, the policy sued on in this case was issued by the defendant on April 28, 1958. The loss occurred on May 13, 1958, exactly 15 days after the policy became effective. The defendant’s contention with regard to the violation of the limitation on the radius of operations clause in the policy depended on proof that during the policy period the insured vehicles had made regular or frequent trips beyond their respective permitted radii of operation. The provision in the policy thus relied on was in the nature of a promissory warranty.…