Rullman

A widow sues for the death indemnity provided by her husband’s automobile insurance policy. The trial court sustained her claim and the insurer appeals.

Four clauses of the policy are significant in determining coverage. The death indemnity clause provided for payment “ ... in event of the death of each insured which shall result directly and independently of all other causes from bodily injury caused by accident and sustained by the insured while occupying or through being struck by an automobile, provided the death shall occur within 90 days from the date of such accident.”

Another section of the policy set forth a series of definitions, including: “Occupying—means in or upon or entering into or alighting from.”

The policy contained another significant definition: “Automobile—means a land motor vehicle, trailer, or semitrailer not operated on rails or crawler-treads, but does not mean: (1) a farm type tractor or other equipment designed for use principally off public roads, except while actually upon public roads, or (2) a land motor vehicle or trailer while located for use as a residence or premises and not as a vehicle.”

Finally, the policy contained the following…