Scarola v. Insurance Co. of North America

In this action on an insurance policy, the assured seeks to recover the value of the car designated in the policy, following the theft of the car. The defendant, insurance company denies liability claiming the assured did not have an insurable interest in the stolen car.

*270After trial, the jury, by a special verdict found, that the plaintiff did in fact purchase a car, that at the time of purchase the car was in fact a stolen car and that the plaintiff was an innocent purchaser in that the plaintiff did not know that the automobile he purchased was a stolen car.

The issue clearly presented is…