Bituminous Casualty Corp. v. Moore

KENNETH W. SHRUM, Presiding Judge.

After Dewey Moore (“Dewey”) and his son, Dale Moore (“Dale”), disagreed regarding who owned and was entitled to possession of a backhoe, Dale surreptitiously took the backhoe from Dewey and concealed it in a Mend’s barn. Thereon, Dewey filed a claim with Bituminous Casualty Company (“Bituminous”) under a policy covering the backhoe which insured Dewey for theft losses. Bituminous promptly settled the claim with Dewey by paying $38,500 for the loss.

After learning Dale had the backhoe, Bituminous filed this case against Dale and Dewey seeking to recover its…