Hartford Fire Insurance Company v. Jack Tubb

RIVES, Circuit Judge.

This action was upon an automobile dealer’s open theft insurance policy. The insurance company claimed that the loss was excluded from policy coverage by the following provision:

“7. EXCLUSIONS. The policy does not apply:

“(d) Under any Coverage — to loss resulting from either the insured voluntarily parting with title and possession of any automobile if induced so to do by any fraudulent scheme, trick, device, false pretense, or from Embezzlement, Conversion, Secretion, Theft, Larceny, Robbery or Pilferage committed by any person including any employee, entrusted by the…