Cancilla v. Firemen's Fund Ins.

Opinion by

Mr. Justice Schaffer,

Plaintiffs recovered a verdict and judgment in an action on a policy of insurance, issued by defendant, covering the loss by theft of a motor truck. On this appeal, defendant alleges error in the court below in refusing to permit it to exhibit its defense to the jury. Appellant’s denial of liability rests on the allegation that there was a duty and obligation on the assured to cooperate and assist in reclaiming possession of the stolen car, by replevin proceedings, when it was located after the larceny.

When plaintiffs had established their prima facie case and…