Wetzler v. State Farm Mutual Automobile Insurance

Plaintiff sought recovery of $5,000 under defendant’s policy which indemnified her for the death of her husband. The cause was submitted for decision on a written stipulation of facts. Plaintiff appeals from judgment entered for defendant. The sole issue is whether the trial court properly construed a certain exclusionary clause in the policy.

Decedent’s death was proximately caused by a collision between a freight train, of which he was a crew member (brakeman), and a truck-trailer loaded with gasoline. In view of his employment as brakeman, it was stipulated (in addition to other matters not…