Polstein v. Pacific Fire Insurance

Defendant insurer by its policy agreed to indemnify plaintiff against damage to his automobile by “ accidental collision.” Outside of a limitation clause, whereby the insured should not recover for loss or damage due to any tire unless caused in an accidental collision which also causes other loss or damage to the insured automobile, there is no limitation placed upon the words “ accidental collision ” either by definition or exclusion. Plaintiff was driving his car along a narrow country road. A car was approaching in the opposite direction. In order to avoid striking this car plaintiff…