Miller v. Massachusetts Bonding & Insurance

Citations

• 247 Pa. 182
• 93 A. 320
• 1915 Pa. LEXIS 804

Syllabus

<p>Insurance — Insurance against theft — Construction of policy— Case for jury.</p> <p>A provision in a policy of insurance against theft, that: “The assured shall also produce direct and affirmative evidence that the loss of the article or articles for which claim is made was due to the commission of a burglary, theft, or larceny; the disappearance of such article or articles not to be deemed such evidence,” does not preclude a recovery, although the evidence of the theft is purely circumstantial, and where there is evidence from which the jury might infer that the property had been feloniously taken, the case is properly submitted to the jury and a verdict and judgment for plaintiff was sustained.</p>