Knightsville Loan Corp. v. Bankers Indem. Ins. Co., 8204.

• Decision Date: 23 May 1940
• Docket Number: No. 8204.,8204.
• Citation: 13 A.2d 383
• Parties: KNIGHTSVILLE LOAN CORPORATION v. BANKERS INDEMNITY INS. CO.
• Court: Rhode Island Supreme Court

13 A.2d 383

KNIGHTSVILLE LOAN CORPORATION

v. BANKERS INDEMNITY INS. CO.

No. 8204.

Supreme Court of Rhode Island.

May 23, 1940.

Exceptions from Superior Court, Providence and Bristol Counties; Mortimer A. Sullivan, Judge.

Action of assumpsit on a combination robbery policy by the Knightsville Loan Corporation against the Bankers Indemnity Insurance Company. Verdict for the defendant, and to review a decision granting plaintiff's motion for new trial, defendant brings exception.

Exception overruled, and case remitted for new trial.

Edward M. Sullivan, John J. Sullivan, and Albert A. Soriero, all of Providence, for plaintiff.

Fergus J. McOsker, of Providence, for defendant.

BAKER, Justice.

This is an action of assumpsit, brought to recover the sum of $1,500 under a policy issued by the defendant to the plaintiff. The case was tried in the superior court to a jury, which returned a verdict for the defendant. The plaintiff duly filed a motion for a new trial, which motion was granted by the trial justice. The case is now before this court on the defendant's single exception to that decision.

The policy in question is described thereon as a "Combination Robbery Policy". By its terms the defendant agreed, among other things, to indemnify the plaintiff for all loss of money up to $1,500, occurring outside the latter's premises, and occasioned by robbery or attempt thereat from a custodian between certain specified hours. The term "robbery" as used in the policy is defined therein. The defendant does not question that the policy was in full force and effect on December 19, 1935, the date the plaintiff claims that the occurrence in issue, resulting in an alleged loss, took place; that the plaintiff had paid the premium due on said policy; that proof of such loss had been duly made; and that the plaintiff had cooperated with the defendant in connection with investigating said loss. The defendant also admits that on the morning of December 19, 1935, one Ruggieri, who had been office manager of the plaintiff's business for about thirteen years, drew from a bank in Providence the sum of $1,500 in bills for use in that business.

According to the plaintiff's evidence, this money was deposited by Ruggieri in an envelope which he placed in his coat pocket. He was then driven by one Luca Merino, a son of an officer of the plaintiff corporation, and about nineteen years of age, to the office in Providence of one D'Errico, a broker, where a very brief stop was made to enable Ruggieri to discuss with the former a matter not connected with the plaintiff's business. It appears in evidence that no part of the $1,500 was left with D'Errico. Ruggieri then proceeded with Merino, who was driving a small truck owned by his father, in the direction of Knightsville for the purpose of going to the plaintiff's office there.

On the way, while passing through a sparsely-settled section of Cranston, an automobile containing three men forced Merino's truck, by cutting sharply in front of it, to the side of the road, and then stopped in front of or beside the truck, which, in turn, was compelled to stop in order to avoid striking the automobile and a pole by the side of the road. Two men, each armed with a revolver, got out of the said automobile and came back to Merino's truck, one on each side thereof. They threatened Merino and Ruggieri with the revolvers and demanded money. There is testimony tending to show that at this time Merino was struck in the mouth and Ruggieri on the head. The man on the right side of the truck, where Ruggieri was sitting, then reached into the truck, removed the envelope from Ruggieri's pocket and took the money in question, amounting to $1,500. The two men then returned to their automobile and were rapidly driven away by the third man....