Roberts

Plaintiff brought this action against defendants Raymond and Catherine Roberts to determine its obligations, if any, under a policy of public liability insurance it had issued to Raymond; i.e., with reference particularly to coverage of Raymond’s liability toward persons injured in an accident which occurred while he was driving his wife Catherine’s Ford instead of his own car, a Mercury specified in the policy as the “owned automobile.”

By the terms of the policy plaintiff agreed to pay for damages which Raymond should be legally obligated to pay because of injury to person or property “arising out of the ownership, maintenance or use, including loading and unloading, of the owned automobile, a substitute automobile or a non-owned automobile,” and to defend any suit for such damages and to pay costs in any such suit and certain medical expenses.

The policy defined “substitute automobile” as meaning “an automobile not owned by the named insured but temporarily used as the substitute for the owned automobile while withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction.”

The trial court found that Catherine’s Ford was at the time of the…