Benson v. Bradford Mutual Fire Insurance

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Plaintiff’s appeal from a directed verdict in favor of the defendant raises the issue of the quantum of proof required to submit a theft claim to the jury in a suit on an insurance policy providing coverage for “[tjheft or attempt thereat, excluding *** mysterious disappearance ***.”

Elmer Benson, as a debtor in possession under bankruptcy proceedings (Benson), sued Bradford Mutual Fire Insurance Corporation (Bradford) claiming that 2,400 to 2,500 hogs had been stolen from him sometime between September 1975 and August 1977. This…