Smith v. State Farm Mutual Automobile Insurance

SWANN, Judge.

This appeal is by the plaintiffs and is from a final judgment for the defendants based on an order which granted their motion to dismiss the plaintiffs’ complaint.

The Smiths, plaintiffs below, were bona fide purchasers for value of a 1965 Cadillac automobile.

The defendants, State Farm Mutual Automobile Insurance Company, issued a policy of insurance on the car insuring the Smiths against loss by theft. The car was stolen from them whereupon they notified the insuror and filed a claim under their policy. The police recovered the car and ascertained that it was a stolen vehicle…