Thomason v. American Fire & Casualty Co.

HUGH M. TAYLOR, Circuit Judge.

Plaintiff Ruth A. Thomason sued defendant American Fire & Casualty Co. to recover under the terms of an insurance policy for damages to an automobile allegedly resulting from theft. Defendant answered, and on motion for summary judgment it appears that as to the facts there is no real controversy between the parties.

Plaintiff was the owner of an automobile which defendant insured against “loss of or damage to the automobile .... caused by theft, larceny, robbery or pilferage.”

It appears that plaintiff employed Louis Bivings to wash and polish her car, giving him…