DIXON v. CARRERA Y CARRERA, INC.


209 A.D.2d 221 (1994)

618 N.Y.S.2d 642

Andrew W. Dixon, on Behalf of Himself and Others Subscribing to Insurance Policy SCB 200528/92 Issued at Lloyd's London, Appellant, v. Carrera Y Carrera, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 10, 1994


To apply the unattended vehicle exclusion where, as here, the jewelry was locked inside the insured's car and the car was parked inside of a locked, private garage that was part of the insured's house, would be to reach an absurd result that penalizes greater security precautions and rewards lesser ones. Had the jewelry been removed from the car and placed instead on the floor of the garage, or on a shelf, the exclusion clearly would not apply since the garage is not a location...

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