London Assurance v. Lutfy Et Ux

LINDLEY, Circuit Judge.

Appellant, on September 19, 1947, issued to appellees, upon their oral application, an insurance policy insuring them against loss by theft of their Lincoln automobile. On October 28, the car was stolen. Appellant having denied liability, appellees brought suit and recovered a judgment for $5420, the asserted value. This appeal followed.

In September, 1947, Mrs. Lutfy, who lived in Phoenix, Arizona, went to Chicago, Illinois, for the purpose of purchasing a new Lincoln Continental automobile, which she had been told was then located on the premises of the Chicgo Motor…