Shadbolt v. Farmers Insurance Exchange

This is an action at law in which plaintiff seeks to recover upon a policy of automobile insurance issued by defendant to plaintiff. The case was tried before the court, sitting without a jury. The trial court found that the terms of the insurance policy were ambiguous and, for that reason, "afford[ed] coverage for the accident.” Defendant appeals from the resulting adverse judgment. We affirm.

Under the terms of the insurance policy, defendant agreed "to pay all damages” for bodily injury "arising out of the ownership, maintenance or use of the described automobile or a non-owned automobile *…