E.M.M.I. Inc. v. Zurich American Insurance

Opinion

MORENO, J.

We are called upon in this case to interpret the scope of an

exception to a provision excluding coverage in a “jeweler’s block” insurance policy. The provision at issue exempted from coverage jewelry stolen from a vehicle unless the insured was “actually in or upon such vehicle at the time of the theft.” The question presented is whether the exception to that exclusion applies when the insured is not in the vehicle but is in close proximity to the vehicle and is attending to it when the theft occurs. We conclude the vehicle theft exclusion, as a whole, is ambiguous and fails…