Clark Equipment Co. v. Hartford Accident & Indemnity Co.

The opinion of the court was delivered by

McFarland, J.:

This is an action by Clark Equipment Company (Clark) as a loss payee against the insurer, Hartford Accident and Indemnity Company (Hartford), to recover for an insured refrigerated semitrailer. A covered risk of the policy was “loss by reason of theft or larceny.” The trial court held that the trailer was missing, but that theft was but one of several equally possible explanations for its disappearance, and denied recovery. The trial court further held that attorney fees, in any event, should not be allowed against defendant. Clark…