Cochran v. Mfa Mutual Insurance Co.

271 N.W.2d 331 (1978)

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Nature of the Case

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Facts

This is an action upon a homeowner's insurance policy to recover the value of certain tools allegedly stolen from P's locked motor vehicle. Part of the policy described restrictions away from the home: 'This policy does not apply to loss away from the described premises of: . . . (2) property while unattended in or on any motor vehicle or trailer, other than a public conveyance, unless the loss is the result of forcible entry into such vehicle while all doors, windows or other openings thereof are closed and locked, provided there are visible marks of forcible entry upon the exterior of such vehicle or the loss is the result of the theft of such vehicle which is not recovered within 30 days, but property shall not be considered unattended when the Insured is required to surrender the keys of such vehicle to a bailee.' There were no visible marks of forcible entry on the exterior of the vehicle. The car had been removed from the place where P testified he had parked it. The vehicle was reported stolen and it was recovered the same afternoon a few miles from the place where it had been parked. P testified that the car was locked and that all windows were closed. The tools were missing from the car and a 'jiggle' key was found in the ignition switch. P, a locksmith, and hardwareman by occupation, testified as an expert witness that a jiggle key is a type of key by which entry may be gained into many cars by proper and knowledgeable manipulation of the key. P stated that entry to and removal of the car had been gained by use of the jiggle key. D got the judgment and it was affirmed by the District Court. P appealed.