Britz v. American Insurance

The insurer’s first defense is that the truck was never stolen. This issue was submitted in a special verdict to the jury which answered that it was stolen on April 13, 1953. The defense rests on inferences that Britz would not have acted as the insurer claims he did if the truck had really been stolen. Britz testified unequivocally that the truck was stolen and he denies acting as the insurer alleges he did. This was clearly a jury question and the jury’s finding that the theft occurred is amply supported by Britz’s testimony.

The next defense is that Britz did not comply with the terms of…