Sphere Drake Insurance Plc v. Trisko

226 F.3d 951 (8th Cir. 2000)

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Nature of the Case

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Facts

D designs and sells unique pieces of jewelry. D sells his jewelry at art shows throughout the country. D maintains a van in Florida to transport the jewelry to shows. On the days in question, he had two shows to attend simultaneously, one in Miami and the other in Boca Raton. D decided that he and a fellow employee, Eric Liberacki, would work the Miami show, and other employees would work the Boca Raton show. He allowed the other employees to use the van, while he and Liberacki rented a car for the Miami show. At the close of the show in Miami, D and Liberacki began to break down their display. They wrapped each piece of jewelry in its own plastic bag to avoid scuffing or scratching the pieces and placed all the jewels in two small suitcases. This took an hour. They put the jewels in the trunk of their rented Buick and waited for the other employees to join them following the completion of the Boca Raton show. They waited outside the Buick, with their complete attention focused on the car. After about 30 minutes, they moved inside the vehicle. While inside the car, they played the radio, read the newspaper, and talked about hockey to pass the time. At no time while standing outside the car or sitting inside it did they see or hear anything unusual. The Boca Raton employees arrived, and they went to the airport to drop off the rental car. When Liberacki opened the Buick's trunk both suitcases and all the jewelry they contained were gone. D has insurance that insured the jewelry against loss or damage. It did not cover any 'unexplained losses' or 'mysterious disappearances.' It did not cover a loss that occurred while the jewelry was within a vehicle unless D or his employees were also in the vehicle. Ps sued D seeking a declaratory judgment that D's loss was a mysterious disappearance. At trial, Trisko offered Detective Crowley's testimony as that of an expert witness who would assist the jury in understanding the jewelry's disappearance. Through Crowley, the jury heard evidence and viewed exhibits regarding crime in the Miami area. Crowley also testified that two informants, identified only as Hernando and Freddy, told him that two individuals had been paid $20,000 each to steal D's jewelry. Crowley then expressed his opinion that D's loss did not constitute a mysterious disappearance but rather was likely a theft. The jury found in favor of D in the amount of $275,554.99. Ps' appealed.