P insured by D against burglary, up to a ceiling of $20,000, under a policy, which contained an 'evidence of forcible entry' requirement in its definition of burglary. P had recovered small amounts under this policy for two separate burglaries prior to the events in this case. One or more persons made unauthorized entry into the building, took chemicals worth $15,587.40, loading them on the truck that had been parked inside and driving away after loosening the turnbuckles on the east door and closing it. The truck was later found parked near the town dump, with the key still in the ignition. On examination that morning, the north side doors were locked securely, but two of the three doors to the storage bin were ajar. Their padlocks were gone and never found. The turnbuckles had been loosened on the east sliding door so that it could be easily opened or closed. The County Sheriff's Department and the Minnesota Bureau of Criminal Investigation determined that no P Creamery employees, past or present, were involved in the burglary. P filed a claim under the burglary policy. D denied coverage because there were no visible marks of physical damage to the exterior at the point of entrance or to the interior at the point of exit, as required by the definition of burglary in the policy. P sued D. D got summary judgment and P appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.