Allen v. Berkshire Mutual Fire Insurance

The material provisions of the theft insurance policy issued by the defendant and covering the plaintiff’s automobile, are these: “ G. Theft, Robbery and Pilferage * * * * excepting by any person * * * “ to which person * * * * the assured voluntarily parts with title and/or possession, whether or not induced to do so by any fraudulent scheme, trick, device or false pretence. * * * * The policy does not insure against the wrongful conversion, embezzlement or secretion by a mortgagor, vendee, lessee or other person in lawful possession of the insured property under a mortgage, conditional…