South Carolina Insurance Company v. Jackson

Felton, Chief Judge.

There is here only one question to be answered, i. e., whether the taking of the motorcycle covered by the policy of insurance was done by theft, larceny, robbery or pilferage under the terms of the insurance contract or whether it was taken under a claim of right by Hunt. Our interpretation of the policy is that if Hunt took the motorcycle with the intent to steal it, the plaintiff could recover. If Hunt did not so take the motorcycle, the plaintiff could not recover under the policy of insurance. Simple larceny is the wrongful and fraudulent taking and carrying away, by…