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INSURANCE CO. OF NORTH AMERICA v. LILE

321 S.W.2d 50 (1959)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Aubrey LILE et al., Appellees.

Court of Appeals of Kentucky.

February 13, 1959.

Attorney(s) appearing for the Case

Earle M. Nichols, Nichols & Nichols, Madisonville, for appellant.

W. D. Bratcher, Greenville, for appellees.

MONTGOMERY, Chief Justice.

Aubrey Lile and M. C. Shannon, partners, doing business as Lile-Shannon Motor Company, recovered judgment for $385 against the Insurance Company of North America for the alleged theft of a car. The insurance company has moved for an appeal and maintains that the loss came within an exclusion of its coverage under the policy.

The exclusion provision follows:

"7. Exclusions. This policy does not apply: "(d) Under...

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