H. Liebes & Co. v. United States Casualty Co.

This is an appeal by the plaintiffs from a judgment against the defendant for $200 in an action to recover upon a policy of burglary insurance issued by defendant to the plaintiff. Appellant contends that the judgment in its favor should have been for $1,885, the agreed value of the property which was stolen.

It is conceded, however, that if the condition marked “t” in the policy applies to the facts in the instant ease, the judgment must be affirmed. That condition reads as follows: “The company shall not be liable for any loss of or damage to . . . (t) Merchandise contained in a show window in the premises for an amount in excess of $200.00 occasioned by any person or persons who, from the outside of the premises, bréales the glass in any such show window. ’ ’

We are • asked to determine whether or not the goods stolen were contained within a show window, as the words are used in condition “t” of the policy. It is the contention of appellant that there was no show window in the store, but that this store was of the type known as “glass front.” The case was submitted to the trial court upon a stipulation as to facts.

The trial court, having reached the conclusion that the…