Fogarty v. Fidelity & Casualty Co.

The defendant issued to the plaintiff a policy upon an automobile truck owned by him, insuring him “against loss on account of damages to, or loss of,” the automobile, “including operating equipment while attached thereto, if caused by collision with any object or by upset (excluding damage by fire, tire damage unless other damage is coincident, and any loss or damage caused directly or indirectly by any accident excluded under the policy as a cause of bodilyy injury or death).” According to the finding of the trial court, with certain minor changes which the plaintiff is entitled to have…