Miller v. United States Liability Insurance

The plaintiff seeks to recover under a motor vehicle theft insurance policy for the loss sustained by him when his vehicle was stolen. After a finding for the plaintiff, the defendant seeks a review of the trial justice’s denial of its requested rulings that the terms of the policy preclude recovery because of an undisclosed encumbrance on the plaintiff’s automobile.

In our opinion the failure to grant the requested rulings was error.

The report sets forth evidence warranting the finding of the following facts:

The plaintiff, in purchasing the automobile in issue, financed it largely through a…