PELITSIE v. NATIONAL SURETY CORP.


272 Wis. 423 (1956)

PELITSIE, Respondent, vs. NATIONAL SURETY CORPORATION OF NEW YORK and another, Appellants.

Supreme Court of Wisconsin.

April 3, 1956.


Attorney(s) appearing for the Case

For the appellants there was a brief by Curley & Sheedy of Milwaukee, and oral argument by Patrick T. Sheedy.

For the respondent there was a brief by Wiernick & Zurlo, attorneys, and Clinton A. Boone of counsel, all of Milwaukee, and oral argument by Dominic D. Zurlo.


CURRIE, J.

The policies of burglary insurance upon which suit was brought contain the usual standard exclusion clauses. The exclusion clause material to this appeal read as follows:

"This policy does not apply:. . .

"(d) Unless records are kept by the insured in such manner that the company can accurately determine therefrom the amount of the loss."

The sole issue on this appeal is whether the trial court should have determined as a matter...

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