Collins v. Phoenix Assurance Co.

This is an action to recover on a policy of tlieft insurance. The record discloses that defendant executed its policy of tlieft insurance on a new Ford touring car in the sum of $500, on July 9, 1918, for a term of one year from that date. It is alleged the car was stolen August 6, 1918, and that its value then was in excess of $500. Payment of loss was refused on the ground that the automobile was rented when stolen, in violation of one of the conditions of the policy.

The case was tried to a jury and at the close of plaintiff’s evidence defendant asked a peremptory instruction in the nature…