Votaw v. Farmers Automobile Inter-Insurance Exchange

EDMONDS, J., Dissenting.

In my judgment, the decision holding the insurer liable is based upon an erroneous construction of the contract between the parties. Moreover, it passes over, as unnecessary for determination, the question whether the named insured was the sole and unconditional owner of the automobile at the time of the accident which occasioned the present litigation. In effect, the court holds that regardless of the insurer’s contract that it will pay the named insured’s obligations only so long as the specified ownership continues, it is liable under a supplemental agreement which…