Summary
In Philip Blum Co. v. Standard Acc. Ins. Co., 336 Ill. App. 354 (83 N.E.2d 605) an insurance of money "while being conveyed by chauffeur or driver" was held to mean during the time that the money is under the protective custody of the driver, and it was not covered when locked in a safe left in a garage overnight.
Summary of this case from Cleveland Ave. c. Store v. Home Ins. Co.Opinion
Gen. No. 44,599. (Abstract of Decision.)
Opinion filed January 24, 1949 Released for publication February 4, 1949
INSURANCE, § 142 — "burglary" of safes in trucks. Where assured, a wholesale liquor dealer, rented from a truck maintenance corporation trucks which were driven by assured a employees, and trucks were left in garage on corporation's premises at night and were then unattended by any chauffeur, driver or employee of assured, loss of money occurring when safes in trucks were burglarized while trucks were in garage did not occur "while being conveyed by a chauffeur or driver" within clause of policy agreeing to indemnify assured for loss of money occurring outside the premises and caused by destruction, disappearance or wrongful abstraction thereof while being conveyed by a chauffeur or driver; hence assurer was not liable for loss.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. GEORGE W. BRISTOW, Judge, presiding.
Reversed. Heard in the first division, first district, this court at the October term, 1948.
John J. Maciejewski, for appellant;
Gerald White and Russell Bundesen, for appellee.
Not to be published in full. Opinion filed January 24, 1949; released for publication February 4, 1949.