Barnett

Greg Barnett appeals from a judgment entered in favor of State Farm General Insurance Company (State Farm) after the trial court granted State Farm’s summary judgment motion concerning the scope of a theft provision in a homeowners’ policy it issued Barnett. Barnett argues the trial court erred in concluding police seizure of items pursuant to a search warrant did not constitute a theft within the policy terms. The items seized included 12 seven-foot tall marijuana plants, freezer bags containing a total of approximately five ounces of marijuana, and a tray with loose marijuana and rolling paper, which Barnett used for medicinal purposes. As we explain, the police department’s acts of seizing these items pursuant to a search warrant and later destroying them did not trigger the theft provision in Barnett’s policy. We therefore affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

Barnett obtained a homeowners insurance policy from State Farm for the period between April 11, 2007, and at least July 7, 2009. The policy included coverage for personal property on a named perils basis. Specifically, the policy covered “direct physical loss to property” caused by…