Truck Insurance Exchange v. Bill Olinger Mercury, Inc.

This is a declaratory judgment proceeding in which plaintiff, an insurance company, seeks to estab lisli that it has no responsibility under a policy of automobile theft insurance it issued to the defendant, Bill Olinger Mercury, Inc., (Olinger). The case was tried to the court. Olinger appealed from a judgment that plaintiff owed it no duty under the insurance contract. The other parties to this ease are not concerned with this appeal.

Plaintiff’s policy insured Olinger, an automobile dealer, against loss occasioned by theft of its automobiles. However, it excluded losses which arose from “*…