Penta v. Home Fire & Marine Insurance Co. of California

This is an action , upon a policy of insurance against loss by fire or theft in connection with an automobile.

The policy recited that “This entire policy shall be void unless otherwise provided by agreement in writing added hereto; (a) If the interest of the Assured in the subject of this insurance be other than unconditional and sole ownership . . . .” There was no dispute that at the date of the policy the title to the automobile was in the Reed Motor Car Company from which the plaintiff had purchased it. under a-contract of conditional sale. There was no provision in the policy providing…