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JACOBSON v. AETNA CASUALTY & SURETY CO.

No. 35,383.

233 Minn. 383 (1951)

OTTO B. JACOBSON, d.b.a. OTTO'S AUTO SERVICE, v. AETNA CASUALTY & SURETY COMPANY, AUTOMOBILE INSURANCE COMPANY, OF HARTFORD, CONNECTICUT.

Supreme Court of Minnesota.

March 16, 1951.

Attorney(s) appearing for the Case

Johanson, Winter & Lundquist, for appellant.

Carl J. Eastvold, for respondent.

MATSON, JUSTICE.

Defendant appeals from a judgment awarded plaintiff for loss caused by theft of an automobile.

We are concerned with the sole question of what constitutes a voluntary parting or surrender of possession within the meaning of the exclusionary clause of an insurance policy issued by defendant to plaintiff to protect him from damage or loss caused by the theft, larceny, robbery, or pilferage of an automobile. The exclusionary clause...

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