National Farmers Union Property & Casualty Co. v. Watson

BLACKBIRD, Justice.

This appeal involves an action by defendant in error, as plaintiff, to recover against plaintiff in error, as defendant, a “loss” sustained by him under the terms of a policy of insurance issued to him by plaintiff in error covering “collision” or “upset” of his automobile. The parties will hereinafter be referred to by their trial court designations.

Defendant has never denied liability to plaintiff for the car’s damages to the extent they are covered under its interpretation of the policy. The parties’ controversy, which culminated in the filing of this action, orginated…