Westchester Fire Insurance v. Baughn

SPECTOR, Chief Judge.

Appellant, defendant below, seeks reversal of an adverse final judgment for appel-lee in the amount of $850.00 for a theft loss under a homeowner’s insurance policy.

There was no factual dispute. The only question placed in issue was whether coverage was afforded for the particular loss by reason of an exclusion clause.

Two go-carts were stolen from the ap-pellee’s garage. They furnished notice of the loss to the insurance company, and a company adjuster issued a draft for $391.94 to cover the loss. Before the draft was reduced to cash, the company stopped payment on it…