Heshion Motors, Inc. v. Trinity Universal Insurance

Harman, C.J. Retired:

This is a declaratory judgment action in which an insurer appeals from a ruling made on summary judgment that its policy provided coverage for a motor vehicle which was stolen from the policyholder by means of false pretenses. The primary issue is whether the insured had “full and valid title” prior to loss of the automobile, within the meaning of an exclusionary clause in the policy, despite the fact certificate of title had not been assigned to the insured.

The facts, some of which are in dispute, are as follows: Appellee Heshion Motors, Inc., was a dealer in new and…