Sagorsky v. Malyon

Plaintiffs sued defendant on an insurance policy which insured them in the sum of $40,000 against the loss of jewelry belonging to them “ arising from any cause whatsoever ”. The policy excepted from coverage a case where the loss occurred while the property was in or upon any automobile unless at the time of loss there was actually in or upon such vehicle the assured or a permanent employee of the assured, or a person whose sole duty it was to attend the vehicle. The Trial Judge charged the jury that the sole question was whether, at the time of loss of the jewelry — by theft — the…