DiMartino v. State Farm Mutual Automobile Insurance

Opinion by

Woodside, J.,

The question here is whether the defendant insurance company agreed in its policy of insurance to pay the plaintiff’s medical expenses incurred as the result of an injury suffered when a truck struck a wall which fell upon and injured the plaintiff.

The insurance company contracted to pay the plaintiff’s reasonable expenses incurred for necessary medical expenses for bodily injury “caused by accident, while occupying or through being struck by the owned automobile, or any other land motor vehicle or trailer not operated on rails or crawler treads . .

It is stipulated that…