Bankers Fire Marine Ins. Co. v. Terry

CARR, Judge.

This is a suit to recover on a policy of insurance wherein the defendant insured the plaintiff’s automobile against loss or damage by theft, etc.

In the court below the judge, sitting without a jury, rendered judgment in favor of the insured.

The pertinent provisions of the policy are:

Under Coverage:

“D-l-Theft (Broad Form)

“Loss of or damage to the automobile caused by theft, larceny, robbery or pilferage.”

Under Exclusions:

“(g) under coverages, A, D-l, and D-2 to loss due to .conversion, embezzlement or secretion by any person in lawful possession of the automobile under a bailment…