Kline v. Ocean Accident & Guarantee Corp.

DUFOUR J.

This is a suit on a contract of insurance against loss by burglary in which it is alleged that the premises covered by the policy were entered by burglars who abstracted and stole therefrom certain property belonging to the plaintiff and his wife.

The policy agrees to indemnify for “direct loss by burglary * * * occasioned by felonious abstraction from the interior of the house * * * by any person, except the assured, who by force and violence *211has made entrance upon the premises or exit therefrom, of which force and violence there shall be visible evidence.”

An exception of no cause of…