Chadwick v. Aetna Insurance Company

The crux of defendant’s appeal lies in its eighth assignment of error which asserts error in the trial court’s construction of the exclusionary provision of the policy quoted above. The trial judge instructed the jury, in effect, that it was not to be concerned whether the loss was an “unexplained loss” or a “mysterious disappearance” unless it was disclosed on taking inventory. He clearly instructed the jury that the provision of the policy quoted above contained only one exclusion, i.e., “loss or shortage disclosed on taking inventory.” We disagree with this interpretation.

It is well…