Swanson, Inc. v. Central Surety & Insurance

This is an action on a burglary insurance policy covering merchandise, etc., in plaintiff's store in Kansas City. Plaintiff sought to recover $8361.15, plus interest, and for penalty and attorney's fees for alleged vexatious refusal to pay. The cause was tried before the court without a jury, and the finding and judgment were for defendant, and plaintiff appealed.

There is no question as to the loss. The chief questions are on the construction and validity of what we may term the visiblemarks at place of entry requirement in the policy; on a so-called declaration of law given at the request of…