Milburn carried automobile damage and theft insurance on his Cadillac sedan as required by the creditor on
Question:
Milburn carried automobile damage and theft insurance on his Cadillac sedan as required by the creditor on his car loan. Milburn could no longer make the payments. He turned the car over to an automobile salesperson to sell. The salesperson ultimately disappeared with the car. The insurer, Manchester Insurance Company, refused to pay, and World Investment Company, Milburn’s creditor on the loan, sued Manchester. Manchester claimed the policy insured against theft which, as larceny, involved a taking against the owner’s will. Because Milburn voluntarily delivered the car to the salesperson, no theft had occurred. World Investment Company claimed that the word “theft” should be given its common meaning of “steal,” so the insurance company should pay. What do you think? (World Investment Co. v. Manchester Insurance and Indemnity Co., 380 S.W.2d 487)
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