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HARTFORD FIRE INSURANCE COMPANY v. TUBB

No. 16380.

242 F.2d 921 (1957)

HARTFORD FIRE INSURANCE COMPANY, Appellant, v. Jack TUBB, Appellee.

United States Court of Appeals Fifth Circuit.

March 29, 1957.

Attorney(s) appearing for the Case

Leonard L. Gorin, Waco, Tex., Tirey, McLaughlin, Gorin & Tirey, Waco, Tex., for appellant.

Robert G. Carter, Jack Welch, Marlin, Tex., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

RIVES, Circuit Judge.

This action was upon an automobile dealer's open theft insurance policy. The insurance company claimed that the loss was excluded from policy coverage by the following provision:

"7. EXCLUSIONS. The policy does not apply: * * * * * * "(d) Under any Coverage — to loss resulting from either the insured voluntarily parting with title and possession of any automobile if induced so to do by any fraudulent scheme...

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