Hartel v. Continental Insurance

STOULIG, Judge.

Defendant, Continental Insurance Company,1 has appealed a judgment awarding plaintiff, Stephen C. Hartel, $961.94 plus statutory penalties and attorney fees2 on a theft claim he made under his homeowner’s policy.

Appellant does not question the occurrence of the theft of property valued at $1,061.94 from plaintiff’s residence at 204 Beach Boulevard in Waveland, Mississippi, on January 22, 1975. Defendant rejected the claim because it relied on an exclusion it contends required the insured to actually be in residence at the home burglarized when the loss occurred. Plaintiff has a…