Home Indemnity Co. v. Twin City Fire Insurance Co.
United States Court of Appeals for the Seventh Circuit
474 F.2d 1081 (1973)
As part of buying a new truck from Parker (defendant), Bodge agreed to trade in a used truck, and Parker's employee authorized one of Bodge's own mechanics to drive that used truck over to Parker's lot as an informal favor after Parker's own representative couldn't return that day; en route, the mechanic crashed the truck, injuring two people. Home Indemnity (plaintiff), Bodge's insurer, sued Twin City (defendant), Parker's insurer, seeking a declaration that Parker already owned the truck at the time of the crash and thus bore liability; the trial court agreed Parker owned the truck at the time of the accident.
Whether, under the UCC, title to goods passes from seller to buyer at the time and place of physical delivery, even without a formal transfer of title documents.