Seward
Seward v. Assurance Co. of America
Opinion
Lead Opinion
Quayle, J.
Appellant sued respondent insurance company for the value of her diamond-studded lady’s wrist watch which disappeared during a shopping tour. Respondent had issued her a broad form theft policy covering her personal property. After judgment against her in the trial court she brings this appeal on a settled statement of facts, which may be substantially summarized as follows:
The policy in question is a Comprehensive Dwelling Policy that includes what is designated “Coverage Group B—Broad Form Personal Theft Coverage.” In part this coverage provides :
Appellant contends that her wrist watch was lost by theft or mysterious disappearance within the coverage defined in the policy. She cites Englehart v. Assurance Co. of America (La. App. 1961) 139 So.2d 108 , which presents a similar policy and a somewhat similar fact situation. There seem to be no reported California cases on the subject and respondent concedes that the Englehart case probably states the applicable law. Respondent relies on the trial court’s findings and contends that inferences can be adduced from the evidence that support the judgment.
The coverage clause in Englehart v. Assurance Co. of America (supra) requires…