Espree v. Western Pioneer Insurance

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 cover*877age for “bodily injury liability,” “property damage liability,”…