More on The Records Warranty
The destruction or theft of books and papers required by a policy of insurance to be kept or produced will excuse a noncompliance with requirement if due to no fault or design of the insured. If, however, the destruction of such papers is due to the negligent failure of the insured to preserve them as required by the policy, his failure to produce them in accordance with the requirement of the policy will preclude any recovery thereon. [In the footnote to this statement there is again cited the said case of Joffe v. Niagara Fire
Insurance Company, supra.] Furthermore, if no such books and inventories are kept as are required by a fire insurance policy, the loss of those which were kept will not excuse the failure of the insured to meet the requirement.
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