SMITH v. AETNA CAS. AND SUR. CO.

No. 15541-CA.

437 So.2d 930 (1983)

Mrs. Minette SMITH, Plaintiff-Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 15, 1983.


Attorney(s) appearing for the Case

Gahagan & Gahagan by Russell E. Gahagan, Natchitoches, for plaintiff-appellant.

Henry M. Bernstein, Shreveport, for defendant-appellee.

Before PRICE, MARVIN and NORRIS, JJ.


MARVIN, Judge.

Plaintiff appeals a judgment rejecting her claim of loss by theft under her homeowner's insurance policy for the value of items of personal property stolen from her car while it was parked overnight at a Texas motel. We reverse.

The insurer did not deny the theft, but claimed that because plaintiff had not shown visible means of forcible entry into the car, coverage is excluded by this policy provision:

This policy does not apply to...

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