Dinkin v. American Insurance Co.

Since the record discloses ample support for the jury’s finding we must treat the case as though Stark had taken the car with plaintiffs’ permission. The sole question therefore is: What constitutes a voluntary parting with possession within the meaning of the exclusionary clause referred to. This court has not had occasion to define the word “possession” as here used.

Our attention has been directed to, and we have been able to find only one case which would support plaintiffs’ contention that they had not parted with possession of the automobile within the meaning of the exclusion clause.…