Osborne v. American Insurance

McKay, J.,

Is a caterpillar tractor bulldozer a vehicle within the meaning of a home owner’s insurance policy? If it is, and if the owner’s cellar wall collapses due to the weight of such a vehicle when operated by a third party within 16 inches of the wall, is the collapse of the wall a direct loss to the owner?

These two questions are presented by defendant’s motion for judgment on the pleadings in the present action, which is a suit on a home owner’s policy. The facts as gathered from the complaint, answer, new matter, and reply are as follows:

On or about May 18, 1964, the dwelling house of…