Adler v. Lumber Mutual Fire Insurance Company

HUSKINS, Justice.

Under a “Homeowners Policy” of insurance issued by defendant, plaintiff was insured against loss by “Theft, meaning any act of stealing or attempt thereat. ...” The question posed on this appeal is whether the trial court erred in directing verdict for defendant and thereby denying recovery of the value of two diamond rings which disappeared under the circumstances narrated below.

On 18 August 1969 plaintiff owned two valuable diamond rings which were habitually worn by his wife. On that date she removed the rings from her hand upon retiring for the night and placed them in a…