Smith v. Aetna Casualty & Surety Co.

MARVIN, Judge.

Plaintiff appeals a judgment rejecting her claim of loss by theft under her homeowner’s insurance policy for the value of items of personal property stolen from her car while it was parked overnight at a Texas motel. We reverse.

The insurer did not deny the theft, but claimed that because plaintiff had not shown visible means of forcible entry into the car, coverage is excluded by this policy provision:

This policy does not apply to loss away from the described premises of * * * (2) property while unattended in or on any motor vehicle ... unless the loss is the result of forcible…