Kramer v. State Farm Mutual Insurance

The opinion of the court was delivered by

Foth, C.:

The question in this case is whether a liability insurance policy written on a personal automobile covered the insured while on the job, driving his employer’s 1 ton pickup truck. The answer depends on whether the pickup was a “private passenger automobile” as that term was used in the policy.

Appellant and the insured, Averil J. Fieginer, were co-employees of the Winterscheidt Milling Company of Seneca, Kansas. On August 18, 1965, they had been working at the company’s nearby experimental farm, and were returning to town in the pickup when…