Bimco (P) carried insurance with Fidelity (D). During the weekend of July 10-13, 1966 burglars broke into P's warehouse and removed high voltage wiring and transformers. During the events, it had been stipulated that the wiring and the transformers were part of the building. Part of the policy with D contained a vandalism, and malicious mischief endorsement and the extent of that coverage was in dispute. The trial court awarded the verdict to P. The Appeal Court affirmed the extent of the coverage but reversed and remanded the case on the issue of waiver. D appealed.

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