Wis JI-Civil 3105

The policy issued by the insurance company provides (recite the condition or

promissory warranty contained in the policy). The first question of the verdict merely

inquires whether there was (a failure of this condition or breach of this promissory warranty)

that existed at the time of the loss in question, and in this case specifically whether there was

(a failure to have a night watchman on the premises, there were inflammables stored on the

premises) at the time the (fire occurred) (loss was sustained).

If you have answered the first question finding a failure of this condition of the policy

in existence at the time of the loss, then you will answer the second question which I have

just read to you. The word "risk" refers to the risks the company insured against in its policy.

Risk is increased whenever the chance of loss is increased by a failure of the condition or

breach of promissory warranty.

If you have answered the first question finding a failure of this condition of the policy,

then you will answer this second question which I have just read to you. "To contribute to the

loss" means simply whether the (use of the premises for storage of inflammables) was a

factor contributing to the loss. This does not mean that (the prohibited storage of

inflammables) has to be the sole cause of the fire or even a cause of the fire itself. Any

contribution whether great or small to the loss or the extent of the loss that (the storage of

inflammables) had is sufficient.