Brinkmann v. Liberty Mutual Fire Insurance

Albert Brinkmann was killed while driving a laundry truck owned by his employer. Defendant company had issued an insurance policy to Brinkmann in which it agreed to pay a specified sum in the event he was killed in an automobile accident. The policy contained the following exclusion: “This insurance does not apply: (a) to bodily injury or death sustained in the course of his occupation by any person while engaged (1) in duties incident to the operation ... of ... a .. . commercial automobile. ...” Plaintiff, Brinkmann’s widow, brought this action to recover under the policy, and the trial…