holding claims arising from motor vehicle accidents on ways not actually contiguous to or touching the insured’s premises are uniformly held, as a matter of law to be excluded from coverage
How later courts described this case
- holding claims arising from motor vehicle accidents on ways not actually contiguous to or touching the insured’s premises are uniformly held, as a matter of law to be excluded from coverage
- denying insurer relief because ordinary layperson would not misunderstand disputed term and term was not bizarre or oppressive, did not eviscerate terms explicitly agreed to, and did not eliminate dominant purpose of transaction
- stating “[w]hether or not such a warranty arises is usually a question of fact to be determined from the circumstances of the parties’ negotiations”
- holding that disagreement between parties as to terms meaning does not establish ambiguity
Written by the judges who cited it.
The opinion
UHLENHOPP, Justice
(concurring in part, dissenting in part).
I concur in the result and in all of the opinion except the adoption of the theory of implied warranty, in division II. I dissent from that part of the opinion.
LeGRAND, ALLBEE and SCHULTZ, JJ., join in this dissent.