Phoenix Assurance Co. v. General Motors Acceptance Corp.

McDONALD, Chief Justice.

This suit was bought by General Motors Acceptance Corporation to recover from Lee Roy Halpen the unpaid balance on a note given for an automobile, and to recover from Phoenix Assurance Company the actual cash value of the automobile, under the provisions of an insurance policy issued to Halpen by Phoenix, and which named G. M. A. C. as loss payee of such policy. Plaintiff alleged that the automobile was taken from Halpen’s possession by persons unknown, and that Phoenix was obligated to pay G. M. A. C. its loss to the extent of its interest.

Defendant answered, denying…