Fleckenstein v. Citizens' Mutual Automobile Insurance

This is a suit brought on an automobile insurance policy. At the close of plaintiff’s proofs defendant’s motion for a directed verdict was granted. From the judgment entered thereon plaintiff has appealed.

The outcome of this litigation hinges on the right of plaintiff, under the circumstances of this case, to recover under a policy provision which reads as follows:

“Extended insuring agreements * * * 2. Temporary Use of Substitute Automobile. While an automobile owned in full or in part by the named assured is withdrawn from normal use because of its breakdown, repair, servicing, loss or…