Flatow v. Lumbermen's Mutual Casualty Co.

This is an action to recover the value of merchandise allegedly stolen from plaintiffs’ car while parked and unattended. Defendant issued a homeowner’s policy to plaintiffs which provided theft coverage “ away from the premises

*619However, the policy excludes coverage for theft” of property left unattended in any private motor vehicle on a public way * * - * unless the loss be the result of forcible entry (of which there must be visible evidence) into a fully enclosed body or compartment (not including a glove compartment), the doors and windows of which have been locked.” '

Plaintiffs contend…