Talasek v. TRAVELERS FIRE INSURANCE CO.
Decision Date | 29 March 1957 |
Docket Number | No. 16313.,16313. |
Citation | 242 F.2d 748 |
Parties | William TALASEK, Appellant, v. The TRAVELERS FIRE INSURANCE CO., Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Frank D. Kerbow, for appellant.
Coleman Gay, Austin, Tex., James R. Meyers, Austin, Tex., for appellee.
Before RIVES, TUTTLE and JONES, Circuit Judges.
This action was upon a policy whereby the appellee insured the appellant against loss of an automobile by "theft, larceny, robbery or pilferage." The car had been owned by Auto Dealers Auction, Inc. of Kansas City, Missouri, which had agreed to sell it to one Hermansen through whom the appellant ultimately obtained possession. Auto Dealers Auction, Inc. still retains the Missouri certificate of title to the car, Hermansen having failed to pay the draft for its purchase price to which draft the certificate of title had been attached. Without any process, Auto Dealers Auction, Inc. had the car picked up on the streets of Rosenberg, Texas, where appellant had left it. Later, the appellant was fully informed of the circumstances of the taking and invited to litigate the title by sequestering the car or by means of a declaratory judgment action. He declined to do so, and instead sued on his automobile theft policy.
The case was tried to the court without a jury. The able and patient district judge made full findings of fact and conclusions of law from which he concluded that the appellant had no title and further:
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Hartford Fire Ins. Co. v. Lewis, 41259
...the payments to a current status and without the knowledge of the mortgagor, no intent to steal could be imputed. Talasek v. Travelers Fire Ins. Co., 5 Cir., 242 F.2d 748. If there was a substantial question about the true ownership of the automobile any theory of intent to steal is undermi......
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Riley v. Motorists Mut. Ins. Co., 38092
...Ins. Co. v. Jackson, 103 Ga.App. 3, 117 S.E.2d 878 Other cases enunciate the same principle. For example, see Talasek v. Travelers Fire Ins. Co. (C.C.A.5), 242 F.2d 748; Reece v. Motors Ins. Corp. (D.C.Okl.), 116 F.Supp. 394; Bigus v. Pacific Coast Casualty Co., 145 Mo.App. 170, 129 S.W. 98......
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YOUNG-PETERSON CONST., INC. v. POTOMAC INS. CO. OF D. OF C.
...Fire Ins. Co. v. Miller, Fla., 58 So.2d 532; South Carolina Ins. Co. v. Jackson, 103 Ga.App. 3, 117 S.E. 2d 878; Talasek v. Travelers Fire Ins. Co., 5 Cir., 242 F.2d 748; Reece v. Motors Ins. Corp., D.C., 116 F.Supp. ...
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Sanders v. Humphrey, Civ. A. No. J88-0648(L).
...Yancey or Jackie's Auto Sales. A similar situation was presented for consideration to the Fifth Circuit in Talasek v. Travelers Fire Insurance Company, 242 F.2d 748 (5th Cir.1957). There, Auto Dealers Auction, Inc. of Kansas City, Missouri had agreed to sell an automobile to Hermansen who a......