Certain Underwriters at Lloyd's of London v. Rucker Construction Inc.

Mikell, Judge.

Certain Underwriters at Lloyd’s of London (“Lloyd’s”) insured a 1990 John Deere bulldozer owned by Rucker Construction, Inc. On March 12, 2004, Jack Brent Rucker, the owner and vice-president of Rucker Construction, left the bulldozer in a fenced pasture with the key in the ignition. That night, three men stole the machine, drove it one quarter of a mile into a pond, and submerged it, causing extensive damage. Rucker Construction made a claim against its policy. Lloyd’s denied the claim based on the policy’s “Locked Vehicle Warranty” (the “warranty”), which states:

We will not…