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Parson v. Insurance Company of Texas

Court of Appeals of Kentucky
Nov 15, 1957
307 S.W.2d 190 (Ky. Ct. App. 1957)

Opinion

November 15, 1957.

Appeal from the Circuit Court, Second Division, Jefferson County, J.D. Raine, Special Judge.

Allen R. Brown, Louisville, for appellant.

Hargadon, Bennett Lemaire, John L. Bennett, Jr., Louisville, for appellee.


Motion for an appeal from a judgment of the Jefferson Circuit Court, Second Division, Honorable J.D. Raine, Special Judge, dismissing appellant's complaint because it failed to state a claim upon which relief could be granted.

Appellant sought a recovery of $1,025 under an automobile insurance policy issued by appellee affording protection against loss or damage resulting from theft. The Crucial question was whether conversion of the automobile by a gratuitous bailee was within the coverage of the policy.

The circuit court correctly granted summary judgment because the policy expressly excludes loss due to conversion of the automobile by any person in lawful possession under a bailment lease. See: Aetna Casualty Surety Co. v. Salyers, 294 Ky. 826, 172 S.W.2d 635; Kidwell v. Paul Revere Fire Ins. Co., 294 Ky. 833, 172 S.W.2d 639.

The motion for an appeal is overruled, and the judgment stands affirmed.


Summaries of

Parson v. Insurance Company of Texas

Court of Appeals of Kentucky
Nov 15, 1957
307 S.W.2d 190 (Ky. Ct. App. 1957)
Case details for

Parson v. Insurance Company of Texas

Case Details

Full title:Roy PARSON, Appellant, v. The INSURANCE COMPANY OF TEXAS, Appellee

Court:Court of Appeals of Kentucky

Date published: Nov 15, 1957

Citations

307 S.W.2d 190 (Ky. Ct. App. 1957)

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INSURANCE COMPANY OF NORTH AMERICA v. LILE

This holding has recently been approved. Parson v. Insurance Company of Texas, Ky., 307 S.W.2d 190. The…