Treit v. Oregon Automobile Insurance Co.

Plaintiff brought this action to recover the value of a trailer, which he had insured with defendant against theft. The trial judge, who tried the case without a jury, found for defendant. The judge ruled that, on the basis of plaintiff’s failure to satisfy the court that he was an innocent purchaser of the vehicle, plaintiff failed to prove by a preponderance of the evidence that he possessed an insurable interest in the trailer. The major issue in the case is whether, under the circumstances here, there is a necessity that *551plaintiff be an innocent purchaser in order to establish that he had…