Insurance -- 1963 Tennessee Survey

1. Definition of Temporary Substitute Automobile. Defendant issued a public liability policy covering insured\u27s use of a described vehicle (a 1955 Ford) as a taxicab. The policy contained a standard temporary substitute automobile clause, covering a non-owned auto-mobile while temporarily used as a substitute for the described automobile when withdrawn from normal use because of its break-down, repair, servicing, loss or destruction. ========================== 2. Application of Automobile Policy Liability Limits. A husband and wife (hereinafter H and W) were injured in an accident caused by the insured. In their actions against the insured W was awarded 4,500 dollars and H 5,600 dollars. ============================= 3. Federal Government as an Insured Under its Employees\u27 Liability Policies. In 1961, title 28 of the United States Code was amended to provide that if an action is brought against the federal government for injuries due to the improper operation of a vehicle by a government employee in the scope of his employment, the remedy against the government shall be exclusive. ============================= 4. Definition of Hospital in Medical Policy. The medical policy construed in Prudential Insurance Co. v. Cline provided indemnity for hospital room and board charges. ============================= 5. Meaning of Repairer and Breakdown in Inchmaree Clause. The district court decision in Russell Mining Co. v. Northwestern Fire & Marine Insurance Co., discussed in last year\u27s Survey,\u27 was reversed during 1963 by the Sixth Circuit