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PIRAEUS JEWELRY, INC. v. INTERESTED UNDERWRITERS AT LLOYD'S

246 A.D.2d 386 (1998)

667 N.Y.S.2d 721

Piraeus Jewelry, Inc., Respondent, v. Interested Underwriters at Lloyd's, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 15, 1998

Defendant insurer's motion for summary judgment was properly denied since it failed to demonstrate that plaintiff breached the warranty provision of the insurance contract as a matter of law. The warranty provision required, as a condition precedent to liability for theft, that all showcases and safes containing stock "be locked and keys removed therefrom, other than during the process of items being removed by a responsible authorized...

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