Koser v. American Casualty Co. of Reading

Opinion by

Dithrich, J.,

The sole question involved in this appeal is whether or not a Farmall tractor is an automobile within the "meaning of the term “automobile” as used in an accident insurance policy. The court below on a case stated held that it was, and from the entry of judgment for plaintiff, defendant has appealed.

The case turns on whether the term “automobile” as used in the policy was intended to be used in its ordinary and popular sense, or whether it was employed as a generic term. If the policy is susceptible of both constructions, then it must be liberally construed in favor of…