Atwater Creamery Company v. Western National Mutual Insurance Company
Supreme Court of Minnesota
366 N.W.2d 271 (Minn. 1985)
Atwater Creamery Company (Atwater) (plaintiff) held a burglary policy from Western National Mutual Insurance Company (Western) (defendant) that required "evidence of forcible entry" for coverage. Burglars stole chemicals worth over $15,000, leaving two storage-bin doors open with missing padlocks and loosened turnbuckles, but no clear-cut forcible-entry marks. Western denied the claim on that basis. Atwater's directors testified they were never told about, or did not recall reading, the forcible-entry requirement. The trial court ruled for Western, and Atwater appealed.
Whether the reasonable expectation of an insured as to coverage under an insurance policy will defeat the literal language of the policy.