St. Paul Fire & Marine Ins. Co. v. Thompson

The plaintiff recovered from the defendant insurance company under the theft provisions of a policy of insurance. The jury awarded plaintiff $3,248 and the defendant has taken this appeal.1

The only issue on appeal is whether the trial court erred in refusing to grant the insurance company's motion for a directed verdict. Put another way, in view of the policy provisions, was sufficient evidence presented to allow the jury to consider whether or not a theft had occurred?

The pertinent policy provision regarding coverage is as follows:

"B. Theft, but excluding escape or mysterious disappearance."

T…