Donnelly v. Rockwood Insurance Co.

OPINION

RABINOWITZ, Chief Justice.

Introduction

This appeal raises the question of whether a vendor-creditor’s repossession of a truck falls within the theft provision in the vendee’s insurance policy. The superior court granted partial summary judgment in favor of Rockwood Insurance Company stating that the repossession did not constitute theft in this case. We reverse.

Facts

Joseph Donnelly agreed to purchase a truck from Danny Daniels for $24,000.1 Daniels gave Donnelly a bill of sale that read:

Bill of Sale

Received from Joseph Donnelly

$8,779.51 for my (illegible)

Balance in 1983 (illegible)

Balanc…