Aetna Insurance Company v. Kaplan

The plaintiff below, Martin R. Kaplan, filed a motion for judgment against Aetna Insurance Company, sometimes referred to herein as defendant, for $2,369.50 damages to an automobile stolen from him on April 18, 1963, which he alleged was covered by an insurance policy issued to him by Aetna. In the policy, which was introduced in evidence, Aetna agreed: “To pay for loss of or damage to the automobile, hereinafter called loss, caused by theft, larceny, robbery or pilferage.”

Aetna filed its grounds of defense in which it asserted that an exclusion clause in the policy expressly relieved it of…