Cordova, Inc. v. Lloyd's Underwriters

The policy contains the standard exclusion for "[l]oss or damage to property while in or upon any automobile * * * unless, at the time the loss or damage occurs, there is actually in or upon such vehicle, the Assured, or a permanent employee of the Assured, or a person whose duty it is to attend the vehi*180cle”. According to plaintiff, the jewelry was left in a locked car that its employee had momentarily got out of to pay a gas station attendant, and was stolen, in sight of its frightened employee, by thieves using a metal object to smash the car windows. Crediting this account and plaintiffs…