Jacobson v. Aetna Casualty & Surety Co.

Matson, Justice.

Defendant appeals from a judgment awarded plaintiff for loss caused by theft of an automobile.

We are concerned with the sole question of what constitutes a voluntary parting or surrender of possession within the meaning of the exclusionary clause of an insurance policy issued by defendant to plaintiff to protect him from damage or loss caused by the theft, larceny, robbery, or pilferage of an automobile. The exclusionary clause is as follows:

“(d) Under the Theft, Larceny, Bobbery or Pilferage Coverage (if such Policy covers these perils) — loss suffered by the Insured in case…