United States Fidelty & Guaranty Co. v. Smith

George Rose Smith, Justice.

This is an action brought by the appellee upon an automobile insurance policy which provided coverage for loss by fire but contained an exception exempting the insurance company from liability for loss caused by a mechanical breakdown or failure. At the trial the principal question — one of fact— was whether the loss fell within the main coverage or within the exception. The trial'court, sitting without a jury, found for the plaintiff. The appellant contends that there is no substantial evidence to support the finding of liability.

There is no dispute about the…