Mysterious Disappearance v. Theft
“Theft” is very different from “mysterious disappearance” despite the fact that a loss of property results from either. Theft has generally been interpreted as any wrongful appropriation of another’s property to the use of the taker. Courts are generally in accord in defining theft as including “a taking by fraudulent conduct under circumstances which evidence an intent to steal.” Evidence that establishes a mysterious disappearance is not sufficient for the insured to carry the burden of proving theft.
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