Hayes v. Financial Indemnity Co.

This is an appeal from the judgment of the Municipal Court of San Bernardino Judicial District in an action brought to recover from an insurance carrier the loss sustained by the plaintiff when her automobile was damaged by being upset.

The automobile was upset while being operated by plaintiff’s minor son who had no driver’s license.

The main question presented on this appeal is this: “Did the unauthorized use of the plaintiff’s automobile by the plaintiff’s minor son constitute theft?”

The plaintiff was the owner of an automobile, upon which she purchased from the defendant a policy of…