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BARKWILL v. ENGLEN

No. 35485.

57 Wn.2d 545 (1961)

358 P.2d 317

ROBERT M. BARKWILL et al., Appellants, v. ERIC W. ENGLEN, JR., Defendant, OHIO FARMERS INDEMNITY CO., Respondent.

The Supreme Court of Washington, Department One.

January 12, 1961.

Attorney(s) appearing for the Case

Corbett, Siderius & Lonergan, for appellant.

Brethorst, Fowler, Bateman, Reed & McClure and Roy J. Moceri, for respondent.

OTT, J.

Eric W. Englen, Jr., a soldier in the United States Army was the owner of a 1949 Buick sedan. His public liability and property damage insurance contract was with the Ohio Farmers Indemnity Company (hereinafter referred to as the insurer). The contract provided, inter alia, that the insurer promised

"To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury ... sustained...

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