Gurley v. Phoenix Ins. Co., 40707
Decision Date | 17 March 1958 |
Docket Number | No. 40707,40707 |
Citation | 71 A.L.R.2d 221,233 Miss. 58,101 So.2d 101 |
Parties | , 71 A.L.R.2d 221 K. V. GURLEY, d/b/a Gurley Motor Company, v. The PHOENIX INSURANCE CO. |
Court | Mississippi Supreme Court |
Cary Stovall, James E. Price, Jr., Corinth, for appellant.
William L. Sharp, Corinth, for appellee.
The deciding question in this case is whether or not a certain Chevrolet automobile which was stolen from Gurley, the appellant, was included within and covered by a theft insurance policy which had been issued by the Phoenix Insurance Company, the appellee, the Gurley. The policy covered only automobiles of which Gurley was the 'sole owner', with certain exceptions not applicable to the automobile here involved. The question is whether Gurley, under the circumstances here, was the 'sole owner' of said automobile. 'An insurance ownership is sole when no one else has any interest in the property as owner.' Bacot v. Phoenix Insurance Co., 96 Miss. 223, 50 So. 729, 731 25 L.R.A.,N.S., 1226. The automobile originally belonged to Lawrence David Roper. It was stolen from Roper and then sold to Gurley, who did not know it had been stolen. It is not shown what consideration Gurley paid for the car. Gurley was an automobile dealer. He placed the car on display for sale. It was stolen from him the night of May 26, 1955. Apparently Roper never located the car after it was stolen from him. His theft insurance carrier paid him for the automobile. What title did Gurley get by his purchase of the stolen car? Did he acquire 'sole' ownership of the automobile?
46 Am.Jur., page 622, Section 459. Roper (or maybe in this case his subrogee) was the owner of the automobile and entitled to its possession. It cannot be correctly said, in our opinion, that Gurley had sole ownership of this car.
Affirmed.
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