Fisher v. California Insurance Co.

This is an action by plaintiff insured against defendant insurer to recover $1,157.25 under an insurance contract covering plaintiff’s automobile for damage caused by collision or upset. Plaintiff appeals from a judgment for defendant. The case was heard by the court without a jury.

The damage occurred when a heavy wind caused a tree to fall upon plaintiff’s parked car. The principal question on appeal is whether the occurrence was a “collision” within the meaning of the policy. The face of the policy contained the following item:

It is apparent from the above item that plaintiff is not covered…