Question juridique clé
Whether the insured proved, with preponderant probability, that the insured vehicle was stolen
Solution extraite
No. The insured's contradictory account, the unexplained third key, and the surrounding suspicious circumstances left the theft insufficiently proven.
Motifs extraits
In insurance law the insured bears the burden of proving the insured event, here theft, on a preponderance standard. The court found the evidence as a whole supported serious doubt, especially the false statements about keys, the post-loss key order, and the vehicle's later discovery near places linked to the insured.