Horton v. State Farm Fire & Casualty Co.

SMITH, Presiding Judge.

Plaintiffs appeal from a judgment in favor of defendant based upon a jury verdict. Plaintiffs sued defendant for the theft loss of an automobile under an insurance policy issued by defendant.

Plaintiffs make no attack upon the sufficiency of the evidence to support the verdict. Their basic attack is that as a matter of law they had an insurable interest in the vehicle, and since that was defendant’s only defense, they were entitled to a directed verdict. Certain trial errors are also claimed, some of which are determined by the basic issue raised.

We review the facts in…