Rodemich v. State Farm Mutual Automobile Insurance Company
Court of Appeals of Arizona
637 P.2d 748 (1981)
Mr. Rodemich swerved his Winnebago to avoid an animal in the road, causing the vehicle to go off the road and roll over. His comprehensive policy with State Farm (defendant) excluded ordinary collision coverage but carved out coverage for colliding with an animal, and separately defined colliding to include the vehicle's own upset. State Farm paid for glass breakage but denied the rest of the claim since the Winnebago never actually touched the animal. The trial court granted the Rodemichs' (plaintiffs) motion for a directed verdict on coverage, and the jury found an animal was present. State Farm appealed.
Whether damage caused by an insured swerving to avoid an animal is covered under a policy that excludes collision but covers loss from colliding with animals.