Leeds, Inc. v. Ætna Casualty & Surety Co.

CHESNUT, District Judge.

In this non-jury case, the plaintiff sues to recover a loss in the amount of $3,-672.90 under the defendant’s insurance policy called “a mercantile open stock policy”. The coverage of the policy is stated in the first paragraph as follows:

“To indemnify the Assured for all loss by burglary, of merchandise, furniture, fixtures and equipment, from within the Assured’s premises, as hereinafter defined, occasioned by any person or persons making felonious entry into such premises by actual force and violence when such premises are not open for business, of which force and…