RUFFINO v. QUEEN INS CO OF AMERICA (1934)

The opinion in the above-entitled action as it appears in 33 P.(2d) 26, is modified as follows:

Strike out the following language appearing on line 28, column 1, page 30: “By a denial of its liability by the company.”

Also strike out the following language commencing on line 54, column 1, page 30: “The foregoing denial of liability by the insurer for a breach of contract due to its own fault constitutes a waiver of the same requirements of the policy as a prerequisite to the commencement of this action.” And insert in lieu thereof: “The liability of the insurer is not waived by a breach of a provision of the standard form of policy on the part of the insured which is declared to be a prerequisite to the maintenance of a suit upon the contract, when that breach is caused by the fault of the insurance company or its agents.”

Also strike out the following language commencing on line 44, column 2, of page 31: “By the rules of law applicable to insurance contracts in exactly the same manner that it was construed prior to the adoption of the standard form.” And insert in lieu thereof: “As such.”

Also strike out the following language appearing on lines 5-8, column 1, of page 31, to wit: “By the rules usually applied to insurance companies exactly as they were applied prior to its adoption by the Legislature,” and insert in lieu thereof: “As such.”

PER CURIAM.