Crackel v. State Farm Insurance Company

Policyholders filed declaratory judgment action for compensation for loss of their vehicle, which they sold to a person who committed theft by deception, as he obtained control of their car by misrepresenting his identity and by paying for it with a fraudulent check. Policy explicitly states that it will pay for loss to covered vehicle, and defines loss as partial or total theft of vehicle. As policyholders' loss of vehicle was result of theft, it should be covered by policy. Plaintiffs' relinquishment of their vehicle was not voluntary, as it involved theft based on fraud. (WELCH and STEWART, concurring.)