State Farm Fire & Casualty Co. v. Ackerman

The sole issue presented by this appeal is whether the taking of money from a service station cash drawer was a robbery as defined in an insurance policy issued by defendant-appellant, State Farm Fire & Casualty Company, (State Farm) to plaintiff-appellee, Robert Ackerman, d/b/a Ackerman’s Super Shell Service (Ackerman). The questioned provision of the insurance policy defines robbery in the following manner:

“ ‘Robbery’ means the taking of insured property * * * (3) by any other overt felonious act committed in his presence and of which he was actually cognizant * *

The facts to which this…