Brown v. Tri-State Insurance Co. & Securities Acceptance Corp.

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover on a contract of insurance covering a 1949 Lincoln automobile which was destroyed by fire and upset. From an order of the trial court sustaining a demurrer to the plaintiffs’ evidence, they appeal. The pertinent facts may be stated as follows:

Appellants W. H. and Roberta Brown, hereinafter referred to as plaintiffs, were the owners of a policy of insurance on a 1949 Lincoln two-door sedan, subject to a chattel mortgage held by appellee Securities Acceptance Corporation, hereinafter referred to as the finance…