Johnson v. Continental Cas. Co‪.‬

Submitted October 14, 1953. INSURANCE, Accident Policy, Construction of Contract of Insurance — CONTRACTS, Construction of Contract of Insurance — WORDS AND PHRASES, ""private commercial automobile,"" ""motor-driven car,"" ""truck,"" ""Motordriven cars (or) trucks,"" ""excluding motorcycles and farm machinery."" 1. Insurance — Contracts — Ambiguities — Construction. Any uncertainty or ambiguity in accident policy must be resolved against the insurer, since it is responsible for the form of contract. 2. Insurance — Words and phrases — ""Caterpillar tractor"" motor-driven car. In accident policy, including within coverage injuries, among others, sustained in consequence of the wrecking of any private commercial automobile motor-driven car, truck, etc., use of all-inclusive term ""motor-driven car"" contemplated something more than what is usually denominated an automobile or truck, particularly in view of provision expressly excluding motorcycles and farm machinery, and hence a caterpillar tractor operated by insured and used in skidding saw logs from place where felled to roadway was a ""motor-driven car or truck"" within meaning of policy.