Barkwill v. Englen

— Eric W. Englen, Jr., a soldier in the United States Army was the owner of a 1949 Buick sedan. His public liability and property damage insurance contract was with the Ohio Farmers Indemnity Company (hereinafter referred to as the insurer). The contract provided, inter alia, that the insurer promised

“To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury . . . sustained by any person, caused by accident and arising out of the ownership, maintenance or use of the automobile.”

The contract also contained a “Student…