Bauerle v. State Farm Mutual Automobile Insurance Co.

CLIFFORD JANSONIUS, District Judge.

This matter comes before the Court on a stipulation of facts and evidence contained in several depositions. The facts, while rather complex, are only in dispute so far as the use of the truck is concerned and whether or not it should be defined as a “commercial automobile” and within the exclusionary provisions of an insurance policy. At the time of the accident resulting in the death of plaintiff’s husband, it is admitted that the decedent was returning home after hauling a load of grain from decedent’s farm to the elevator.

After the first decision of the…