Legal Opinion

Troutman v. Mutual Auto Fire Insurance

Pennsylvania Court of Common Pleas, York County

Decided March 31, 1952No. 132Published

1Opinion of the Court

Sherwood, P. J.,

This case comes before the court on an agreed statement of facts for the court’s opinion in the nature of a special verdict.

On May 31, 1950, defendant issued to plaintiffs a policy of insurance, expiring May 31, 1951, covering personal injury and property damage and comprehensive coverage. The relevant sections of the policy contain the following provisions:

“Coverage D Comprehensive Loss of or Damage to the Automobile, Except by Collision or Upset.
“To pay for any direct and accidental loss of or damage to the automobile, hereinafter called loss, except loss caused by collision…

2Cases cited17 opinions

  1. Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
  2. Tonkin v. California Insurance Co. of San Francisco, Inc.New York Court of Appeals · 1945
  3. Morris v. American Liability & Surety Co.Supreme Court of Pennsylvania · 1936
  4. Atlas Assurance Co. Ltd. v. LiesCourt of Appeals of Georgia · 1943
  5. Trexler Lumber Co. v. Allemannia Fire Ins.Supreme Court of Pennsylvania · 1927

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