Midtown Auto Sales, Inc. v. Motorists Mutual Insurance

TOOTHMAN, J.,

Plaintiff, Midtown Auto Sales, Inc. filed a suit in assumpsit against its insurance carrier, Motorists Mutual Insurance, for the sum of $1,650 with interest from February 11, 1980, for the loss by theft of a 1976 Subaru, 2 door sedan, white, Vehicle I.D. no. A22L94347. Defendant answered that plaintiffs insurance coverage is not applicable, since the car was taken “by trick, scheme or false pretense.” A board of arbitrators heard the matter, finding defendant liable for the loss and entered an award accordingly. Defendant filed an appeal, and following a pre-trial conference, the…