U. S. Fidelity & Guaranty Co. v. Moore

Jim Johnson, Associate Justice.

This is an appeal from an order sustaining a demurrer filed by appellee, Mary Ellen Moore, resulting in the dismissal of appellant U. S. F. & G. ’s complaint.

On August 20, 1958, appellant issued its family automobile policy, No. AF2603179, to appellee for pleasure and business use which provided, inter alia, comprehensive coverage.

The insured automobile was confiscated on October 30, 1958, by agents of the Alcohol and Tobacco Tax Division of the U. S. Treasury Department. A forfeiture was entered upon the confiscation, the insured automobile was sold, and the U.…