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Heuer v. New Jersey Manufacturers Insurance Co.

Decided: February 21, 1974.

ERVING W. HEUER, PLAINTIFF,
v.
NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT



Walsh, P.J.D.C.

Walsh

Plaintiff brings this action to recover, under the terms of his homeowners' policy, a loss sustained by the theft of his fishing equipment from the home of his aunt in Lanoka Harbor, New Jersey.

The undisputed facts show that plaintiff Erving Heuer maintains his residence at 350 Old Tote Road, Mountainside, New Jersey, and that such residence is the described residence premises covered by his New Jersey Manufacturers homeowners' policy. Heuer testified that on most winter weekends he uses the Lanoka Harbor house owned by his aunt, and that is covered by a homeowners' policy issued to her by another carrier not a party to this lawsuit. He admits that he had not been at the premises for three weeks prior to the theft, and further admits that no other person occupied these premises during the winter months.

The pertinent provisions of the policy in question are:

SECTION 1

DESCRIPTION OF PROPERTY AND INTERESTS COVERED

COVERAGE C -- UNSCHEDULED PERSONAL PROPERTY

This policy covers unscheduled personal property usual or incidental to the occupancy of the premises as a dwelling and owned or used by an Insured, while on the described premises and, at the option of the Named Insured, owned by others while on the portion of the premises occupied exclusively by the Insured.

This coverage also includes such unscheduled personal property while elsewhere than on the described premises, anywhere in the world:

1. owned or used by the Insured;

This coverage excludes:

7. business property while away from the described premises

c. Theft Exclusions applicable to property away from the ...


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