Rosenbaum v. Safeco Insurance Co. of America

CULLEN, Commissioner.

Elwood Rosenbaum sustained personal injuries in a collision upon a public highway involving his automobile, another automobile, and a horse-drawn farm wagon. Rosenbaum’s liability insurance policy with Safeco Insurance Company of America had an “uninsured motorist” endorsement which in substance provided that Safeco would compensate Rosenbaum for bodily injuries caused by the negligence of the operator of an “uninsured automobile.”

Conceiving that under the definitions set forth in the policy a horse-drawn farm wagon being operated on a highway was an “automobile,”…