Spillane v. Liberty Mutual Insurance

Francis N. Pécora, J.

The defendant, Liberty Mutual Insurance Co. (“ Liberty ”) had insured one Peter J. Oaputo against loss by theft of a 1966 Buick Riviera automobile, said vehicle bearing identification No. 494876 H 932744. His automobile was reported stolen. “ Liberty ”, under its theft policy, paid Oaputo for his loss and took from Caputo an assignment of his ownership of the car.

Thereafter, a 1966 Buick Riviera was recovered by the police. •s Liberty ” claimed this vehicle as that which had belonged to Caputo, and took possession of this car. At this time, the automobile had been…