Legal Opinion

Duncan v. State Farm Fire & Casualty Co.

Tennessee Supreme Court

Decided October 1, 1979PublishedCited by 15 opinions

1Opinion of the Court

OPINION

BROCK, Justice.

The sole issue presented for our decision in this case is whether an innocent purchaser for value of a stolen automobile acquires an insurable interest in the vehicle sufficient to validate a policy of insurance against its damage or loss by collision. We hold that he does and overrule the decision in Insurance Co. of No. Am. v. Cliff Pettit Motors, Inc., Tenn., 513 S.W.2d 785 (1974), which held to the contrary.

Petitioner, Duncan, who was engaged in the business of hauling coal in Anderson County, purchased a tractor-trailer rig from a seller in Alabama, a non-title…

2Cases cited18 opinions

  1. Baird v. Fidelity-Phenix Fire Ins. Co.Tennessee Supreme Court · 1942
  2. Gordon v. Gulf American Fire & Casualty Co.Court of Appeals of Georgia · 1966
  3. Barnett v. London Assurance Corp.Washington Supreme Court · 1926
  4. Skaff v. United States Fidelity & Guaranty CompanyDistrict Court of Appeal of Florida · 1968
  5. Scarola v. Insurance Co. of North AmericaNew York Court of Appeals · 1972

13 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Snethen v. Oklahoma State Union of the Farmers Educational & Cooperative UnionSupreme Court of Oklahoma · 1983
  2. Phillips v. Cincinnati InsuranceOhio Supreme Court · 1979
  3. Jernigan v. HamCourt of Appeals of Tennessee · 1984
  4. Butler v. Farmers Ins. Co. of ArizonaArizona Supreme Court · 1980
  5. Brewer v. Vanguard Insurance Co.Court of Appeals of Tennessee · 1980

10 more not listed; retrieve them via the Exa API.

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