Harvard Farms, Inc. v. National Casualty Co.

JORGENSON, Judge.

Harvard Farms, Inc., et al., appeal from an order of final summary judgment in an action to recover under an animal insurance policy covering theft and unlawful removal of a horse. For the following reasons, we reverse.

Harvard Farms entered into an insurance contract with National Casualty Company which covered the “theft and unlawful removal” of a purebred Arabian horse named Sahr Hal Sahr. The policy contained an exclusionary clause which stated:1

BUT IN NO EVENT DOES THIS EXTENSION COVER: a) any loss arising from mysterious disappearance, escape, or voluntary parting of…