Kahn

Kahn v. Maryland Casualty Co.

Good Law
63 Cal. App. 189·218 P. 452
Court of Appeal of CaliforniaJuly 25, 1923Civ. No. 4529.California1,539 words

Opinion

Lead Opinion

Sure, J.

Action by plaintiffs on an indemnity bond of defendant for the market value of certain Liberty bonds owned by and lost to them. Judgment went for plaintiffs. Defendant appeals. Under the terms of the indemnity bond sued on defendant agreed to protect plaintiffs against any loss, not exceeding fifty thousand dollars, of bonds, debentures, scrip, certificates, or other similar securities, in which plaintiffs may have a pecuniary interest, or for which they are legally liable, sustained by the insured during the life ■of the agreement, through robbery, burglary, theft, or holdup, whether effected with or without violence, or with or without negligence on the part of any of the employees of plaintiffs. Another provision of the agreement reads as follows: “This bond does not cover any loss directly or indirectly effected by means of forgery, unless the forgery be committed by, or with the collusion of, one or more of the employees ...” of the insured. Provision is made in the bond for the giving of notice of loss and for furnishing the indemnity company with an itemized statement thereof within a certain period after the loss suffered. These provisions were complied with and the claim…

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