United States Fidelity & Guaranty Co. v. Woodward

Quillian, Judge.

The principal question for determination is whether under the evidence there was a burglary within the coverage of the policy.

The insurance company contends that there was no “safe burglary” within the meaning of the policy since the evidence conclusively showed that there had been no entry into the safe by actual force and violence. It is true that the policy’s definition of safe burglary requires that there be a forcible and violent entry. However, coverage under the policy includes loss “by safe burglary or attempt thereat.” This language creates an ambiguity since…