Havas v. Carter

OPINION

By the Court,

Thompson, I.:

Victor Havas brought suit on a theft insurance policy against Insurance Agency, Inc., to recover the fair value of a 1962 Cadillac automobile allegedly stolen from his used car lot. The policy excluded coverage for loss by embezzlement. Trial was to the court without a jury. At the close of the plaintiff’s case in chief the court granted the defendants’ Rule 41(b) 1 motion for dismissal, stating: “The best that can be said for the plaintiff’s case is that one explanation is as good as another as to what happened to the automobile. If this be the case, the…