#Elegant slumming store hours full#
#Elegant slumming store hours trial#

The Delaware Supreme Court agreed with NGM that the trial court erred in concluding that verbal testimony satisfies the physical evidence requirement because it is not physical evidence.Д¬lear and unambiguous language in an insurance policy should be given its ordinary and usual meaning. The policy states вЂњphysical evidenceвЂќ is required to вЂњshow what happenedвЂќ to the lost property. NGM first claims the trial court erred in finding that the insurance policy requires only вЂњsome evidence,вЂќ rather than вЂњphysical evidence,вЂќ to show what happened to lost property. The trial court denied NGMвЂ™s motion and granted Elegant SlummingвЂ™s motion, finding that the coverage limitation only вЂњrequires some evidence of what happened to the missing property.вЂќ After further briefing and a hearing on damages, the trial court awarded Elegant Slumming $141,640 as payment for the lost jewelry. NGM denied the claim based on the following coverage exclusion in Elegant SlummingвЂ™s insurance policy: вЂњWe will not pay for loss or damage to property that is missing but there is no physical evidence to show what happened to it, such as shortage disclosed on taking inventory.вЂќД®legant Slumming brought suit in the Superior Court and the parties filed cross-motions for summary judgment. Livingston submitted a claim to his property insurance carrier, NGM, which is a subsidiary of the Main Street America Group. Killebrew is вЂњ100%вЂќ sure he threw the two boxes away. Killebrew explained to Livingston that there were open and empty boxes right next to the wrap desk, and he threw away closed boxes along with the empty ones. He made the connection, and it became clear to him that he had thrown away the packages by accident. On his way to Elegant Slumming, Killebrew remembered his hasty disposal of the trash near the wrap desk. Livingston called Killebrew, who initially stated he did not remember the packages, but offered to come into the store to assist in the search. He then searched for the packages to no avail.

Livingston realized two days later that the two packages for which he signed had not been inventoried. While closing up shop that afternoon, Killebrew began cleaning out trash located near the wrap desk. Killebrew testified at his deposition he was particularly frustrated with the performance of a part-time employee. That day was a busy and stressful one for the employees of Elegant Slumming. Livingston remembers seeing the packages under the wrap desk on the day in question. Killebrew placed the package under the wrap desk. Delivery receipts signed by Killebrew indicate the packages contained jewelry worth $141,640. On the morning of June 24, 2010, Elegant Slumming received two packages. When received, the packages would be placed under what was called the вЂњwrap desk.вЂќ The packages would be opened later and the jewelry placed in a safe until they could be inventoried.

#Elegant slumming store hours full#

Such packages contained very valuable items, so would need to be signed for by one of the three full time employees. Merchandise would often arrive at the store via the mail. The store has three fulltime employees, one of whom is Benjamin Killebrew. The Supreme Court of Delaware was faced with NGMвЂ™s contention that the trial court erred in finding that the property insurance policy at issue requires only вЂњsome evidence,вЂќ rather than вЂњphysical evidence,вЂќ to show what happened to lost property.Д®legant Slumming is a jewelry store specializing in selling precious jewelry, gold, platinum, gemstones, fashion jewelry and costume jewelry, owned by Phillip Livingston. NGM appealed from a trial court grant of summary judgment in favor of Elegant Slumming, Inc (вЂњElegant SlummingвЂќ), its insured, in a property insurance coverage dispute over the application of an exclusion requiring physical evidence of loss in National Grange Mutual Insurance Company and v. When two packages of jewelry were not entered into inventory after delivery and could not be located a claim was made to National Grange Mutual Insurance Company and The Main Street Insurance Group (collectively вЂњNGMвЂќ) who denied coverage for lack of physical evidence of theft. Missing property, with little or no physical evidence of criminal activity is more difficult. Duty of Insurer to Prove Exclusion AppliesД«urglary and theft are usually easy to prove: there is a broken window or door, full shelves are empty, cases are broken, debris is left by the burglars, or there are holes drilled in safes.