Moblad

Moblad v. Western Indemnity Co. of Dallas

Good Law
1921 Cal. App. LEXIS 460·53 Cal. App. 683·200 P. 750
Court of Appeal of CaliforniaJuly 28, 1921Civ. No. 3797.California874 words

Opinion

Lead Opinion

Langdon, J.

The only question presented upon this appeal is as to the construction of the following clause of a policy of insurance: “In consideration of an additional premium of $50, this policy is hereby extended to indemnify the assured against loss or damage to any automobile described in the schedule of statements, including operating equipment while attached thereto, .if caused solely by collision with another object, while such automobile is used as described in said schedule. ...” The plaintiff and appellant was the owner of the automobile covered by said policy of insurance. The automobile was damaged as the result of an accident. The question presented is: Was said damage caused solely by collision with another object within the meaning of the clause above quoted?

The facts with reference to the accident were found by the trial court to be: “While plaintiff’s automobile was being driven by a person over the age of twenty-one years, along the Sky-line Boulevard, in Redwood Canyon, Alameda County, California, on the said thirteenth day of October, 1918, the driver of said automobile, to avoid striking another automobile, swerved to the outer edge of the roadway, and said roadway gave…

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