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BRINKMANN v. LIBERTY MUTUAL ETC. INS. CO.

Docket No. L.A. 28291.

63 Cal.2d 41 (1965)

403 P.2d 136

45 Cal. Rptr. 8

MARIA BRINKMANN, Plaintiff and Respondent, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of California. In Bank.

June 28, 1965.

Attorney(s) appearing for the Case

Virgil R. Wells for Defendant and Appellant.

Irmas & Rutter, S.M. Irmas, Jr., and William A. Rutter for Plaintiff and Respondent.

MOSK, J.

Albert Brinkmann was killed while driving a laundry truck owned by his employer. Defendant company had issued an insurance policy to Brinkmann in which it agreed to pay a specified sum in the event he was killed in an automobile accident. The policy contained the following exclusion: "This insurance does not apply: (a) to bodily injury or death sustained in the course of his occupation by any person while engaged (1) in duties incident to the operation ....

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