In Nissel v. Certain Underwriters at Lloyds of London (1998) 62 Cal. App. 4th 1103, a traveling sales representative parked his car in front of a restaurant. Two men stole a bag containing diamonds and other precious stones from the parked car. (Ibid.) The jeweler's block policy excluded thefts from an automobile unless, at the time of the loss, "'there is actually in or upon such vehicle, the Assured . . ., or a permanent employee of the Assured, or a person whose sole duty it is to attend the vehicle.'" ( Id. at p. 1107, ) The insured made no claim that the provision was in any way unclear or ambiguous. ( Id. at p. 1112.) Our Division Three colleagues in an opinion authored by Associate Justice H. Walter Croskey, held that a theft "from an empty or unoccupied vehicle" fell within the policy exclusion; the employee was not actually in or upon the car when the loss occurred. ( Id. at p. 1114.)