Casey v. London & Lancashire Indemnity Co. of America

Appeal from a judgment of the County Court, Albany County, dismissing the complaint in an action brought to recover under a theft insurance policy containing a “mysterious disappearance” clause. The facts are fully set forth in the comprehensive opinion of Judge Sohenck in the court below. The provision of the policy reads: “ Theft. The word ‘theft’ includes larceny, burglary and robbery. Mysterious disappearance of any insured property except a precious or semi-precious stone from its setting in any watch or piece of jewelry, shall be presumed to be due to theft.” The plaintiff: claimed that…