Rogers v. United States Fid. & Guar. Co.

—Defendant, United States Fidelity and Guaranty Company (“Fidelity”), appeals from a judgment awarding plaintiff Rogers damages for breach of an insurance contract between them.

Fidelity contends that the evidence did not support the trial court’s finding that Rogers had performed the conditions imposed upon him by the insurance contract. The premise of Fidelity’s argument is that paragraph 8 of a rider to the policy required Rogers to keep an inventory of all of his stamps and coins which were insured and that the uncontradicted evidence establishes that Rogers failed to do so. For reasons hereinafter discussed we hold that paragraph 8 did not become a part of the insurance contract and therefore the evidence adequately sustained the trial court’s challenged finding and hence the judgment.

. Summary of the Record

Rogers sued Fidelity and Fidelity’s agent, Demers, alleging a cause of action against Fidelity for breach of its insurance contract and against both Fidelity and Demers for damages resulting from Demers’s negligence in failing to advise Rogers about the meaning of the policy. The complaint is not a model of good pleading. The first count alleges a cause of action for…