Fireman's Fund Ins. Co. Of San Francisco v. McConnell

RIVES, Circuit Judge.

The main thrust of this appeal is an attack upon the decision of this court on former appeal, 178 F.2d 76, in the construction and application of the exclusion clause of the policy against loss in case the insured “voluntarily parts with title to or possession of any automobile at risk hereunder, whether or not induced so to do by any fraudulent scheme, trick, device or false pretense or otherwise.” The appellant insists that the decision of this court is in line with only one case, 1 and is opposed to the decisions of the other state courts of last resort which have…