Espree

Plaintiff, as insured, brought suit against the defendant, as insurer, to recover the cost of repairing his truck which he contends was damaged as the result of an "upset." Judgment was for plaintiff and defendant appeals.

In April 1956, plaintiff purchased a 1951 ten-wheel dump truck from Cook Brothers Truck and Equipment Company. At the same time he purchased insurance coverage on said truck from the defendant.

Thereafter plaintiff received through the mail from the defendant a "Certificate of Insurance" which specified coverage [ 159 Cal.App.2d Supp. 877 ] for "bodily injury liability," "property damage liability," "collision or upset," and fire and theft. This certificate also contained a "loss payee" clause providing that any loss due to collision or upset, fire or theft, was payable to the lienholder (Cook Brothers Truck and Equipment Company) to the extent of its lien. The certificate was actually a copy of the first page of a policy of insurance which was on a date not disclosed by the record delivered to the lienholder. The "Certificate of Insurance" contained none of the insuring agreements, exclusions or conditions of the policy.

On August 15, 1956,…