Cincinnati Insurance Company v. Tire Master of Thomaston, Inc.

Banke, Presiding Judge.

The appellee, Tire Master of Thomaston, Inc., brought this action against the appellant, its motor vehicle insurance carrier, seeking reimbursement for the alleged theft of an automobile. The insurer denied the claim, contending that the automobile had not been stolen but had instead been repossessed. This appeal is from the trial court’s grant of partial summary judgment to Tire Master on the issue of whether the loss was covered by the theft provisions of the policy.

The salient facts are not in dispute. The automobile, a 1984 Mercedes, was owned by Sunbelt, Ltd., a…