Stucker v. Travelers Indemnity Company

This is an action by the owner of an insured automobile to recover a collision loss from the insurers. Plaintiff claimed $4,300 damages. The jury returned a verdict in his favor in the amount of $3,950. The defendant insurers appeal from the judgment entered thereon.

The insurers admit plaintiff’s automobile was damaged by collision or upset, as defined in their policy. They contend, however, his recovery is limited to the reasonable cost of repairing the damaged car.

Both parties agree the contract of insurance governs the measure of recovery rather than any rules of damages applicable to tort…