AETNA CASUALTY AND SURETY COMPANY v. SMITH

No. 1862.

127 A.2d 556 (1956)

AETNA CASUALTY AND SURETY COMPANY, a body corporate, Appellant, v. Ralph N. SMITH, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided December 17, 1956.


Attorney(s) appearing for the Case

Ward B. McCarthy, Washington, D. C., with whom Thomas B. Heffelfinger, W. Cameron Burton and John A. Kendrick, Washington, D. C., were on the brief, for appellant.

David F. Smith, Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.


HOOD, Associate Judge.

Appellee Smith, the proprietor of a used car business, filed suit on an insurance policy issued by Aetna seeking indemnification for the loss of a 1949 Hudson automobile. Aetna filed an answer disclaiming liability on the ground that the loss was not covered by the terms of the policy, and filed a third-party complaint against one Allen who, according to Smith, had stolen the vehicle, requesting judgment over against him in the event there was...

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