This was an action brought by an automobile body repairman on insurance obtained by his employer (temporarily by binder) to cover tools belonging to the employers. The employee supplied his own tools, which he left at the shop. They were stolen and the employer’s insurer denied liability. The employee brought suit against the insurer, alleging that the latter insured him against the loss of his tools. The trial court held that the tools of the employee were not covered. He appealed the judgment.

The binder provided insurance against the theft of "the specified property of the insured" as well as other perils. The employer was named as the insured. The binder specified that tools, grinders, paint guns and miscellaneous parts were covered.

The Oregon Supreme Court found the language of the binder to explicitly pertain to property of the employer. It was clear and certain. This was an action against the insurance company on the policy of insurance and on the terms of that policy as issued by it. The finding of the trial court was supported by the evidence. Judgment of the insurance company was sustained.

Zingani, Appellant v. Frost, Defendant, Unigard Insurance Company, Respondent. Oregon Supreme Court. No. 296. December 18, 1975. CCH 1976 Fire and Casualty Cases 1457. (PF&M Court Cases – May, 1976)