Insurance - Supreme Court Review
Loading...
Authors
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The first insurance case the Nebraska Supreme Court considered during the survey period was Cochran v. MFA Mutual Insurance Co. In Cochran the court reaffirmed a controversial rule, previously set forth in Hazuka v. Maryland Casualty Co. In Hazuka, the court considered the effect of a clause requiring that there be visible marks of forcible entry in an insurance policy guarding against burglary. The court held that this clause "was intended to be and is a limitation on liability and not an attempt to determine the character of evidence to show liability."|Cochran involved an action to recover the value of various tools under a homeowner's insurance policy. The tools were allegedly stolen from Mr. Cochran's locked motor vehicle. The policy contained an exclusion, similar to the one in Hazuka, requiring that a loss is only insured if "there are visible marks of forcible entry upon the exterior of such vehicle ...." |The plaintiff's automobile was apparently stolen, although there were no visible marks of forcible entry. Mr. Cochran testified that the car was locked and all of the windows were closed when he left the automobile...
Description
Citation
13 Creighton L. Rev. 200 (1979-1980)
Publisher
Creighton University School of Law