First National Bank v. Maryland Casualty Co.

This action is brought to recover the sum of twenty thousand dollars on four burglary insurance polices of five thousand dollars each known as the “Peerless Bank Burglary Policy,” issued in favor of the plaintiff and under which defendant agreed to indemnify the plaintiff from loss by burglary accomplished through entry into the bank safe of plaintiff “by the use of tools or explosives directly thereupon.” In the complaint four causes of action against the defendant are stated, each counting on one of the policies issued. Each policy had attached to it a schedule showing the location and character of the vault within which the bank safe of plaintiff was constructed, the character of the safe itself—being burglar proof—and that within the safe (there was but one) was contained an inner steel burglar proof chest. The policies, each identical in terms and conditions were, with the schedules thereto attached, made by proper reference, and in extenso, parts of the complaint.

Each policy provided, considering its provisions solely with reference to a burglarious entry of safes, which is alone material here, that the defendant would indemnify the plaintiff “subject to the following…