How have courts dealt with a claim for damages arising out of a motor vehicle accident?

California, United States of America


The following excerpt is from Miesen v. Bolich, 1 Cal.Rptr. 912, 177 Cal.App.2d 145 (Cal. App. 1960):

In O'Toole v. Empire Motors, 1935, 181 Wash. 130, 42 P.2d 10, the customer of a garage recovered a judgment against the garage for damages resulting from negligent repair of the automobile. The court held that the accident was not excluded by a clause in the policy which excluded liability under contract, although the repairs were made pursuant to an agreement. The court also pointed out that the insurance company was bound by the prior judgment which established the negligence of the garage.

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