Equity Mutual Insurance Co. v. Affiliated Parking, Inc.

BRADY, Judge.

Plaintiff brought this action to recover from defendant the amount paid under a policy of insurance it issued to one Marsh covering loss resulting from the theft of Marsh’s automobile while it was parked upon defendant’s lot. The trial court entered judgment for plaintiff and defendant appeals.

There is no dispute as to the facts, the case having been tried upon an agreed statement. The parties also tacitly agree and tried this case upon the theory that if Marsh could have recovered then judgment must be for plaintiff. Some explanation of the general method of operation at…