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COCHRAN v. MFA MUT. INS. CO.

No. 41681.

271 N.W.2d 331 (1978)

201 Neb. 631

Max W. COCHRAN, Appellant and Cross-Appellee, v. MFA MUTUAL INSURANCE CO., Appellee and Cross-Appellant.

Supreme Court of Nebraska.

November 8, 1978.

Attorney(s) appearing for the Case

Carl I. Klekers, Ralston, for appellant and cross-appellee.

Thomas A. Otepka of Gross, Welch, Vinardi, Kauffman & Day, Omaha, for appellee and cross-appellant.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.

CLINTON, Justice.

This is an action upon a homeowner's insurance policy to recover the value of certain tools allegedly stolen from the insured's locked motor vehicle. The policy contained the following exclusion: "c. Theft Exclusions applicable to property away from the described premises: 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...

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