Simpson v. General Exchange Ins. Corp.

Mr. -Justice Cothran

(dissenting) : I think that a very different question is presented in this case from what was decided in the case of Simpson v. Insurance Co., 145 S. C., 405, 143 S. E., 184. It was there held that the act of one who hires an automobile under what has come to be the familiar “U-Drive-It” system for a limited time, under the obligation to return it, and who absconds with it and causes a total loss to the hirer, comes within the provision of a policy insuring the owner from loss by “theft, robbery, or pilferage”; that it amounted to a breach of trust with fraudulent intent,…