Vaughn v. American Alliance Insurance

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on a policy of insurance which protected plaintiff’s automobile from theft by anybody except a member of his household.

*732The defense was that the theft was committed by plaintiff’s own son, Haldean Vaughn, and that this fact relieved it of liability.

Plaintiff’s reply contained a general and specific denial, and alleged that if it was stolen by his son “at the time of the alleged theft, the said Haldean Vaughn was not a member of plaintiff’s household within the terms and conditions of said policy.”

A jury was…