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Wisbey v. Nationwide Mutual Insurance Co.

March 1, 1973

WISBEY, RESPONDENT,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT



Appeal from Circuit Court, Coos County. John C. Warden, Judge.

Lynne W. McNutt, Coos Bay, argued the cause for appellant. With him on the briefs were McNutt, Gant, Ormsbee & Gardner, Coos Bay.

Fred P. Eason, Coos Bay, argued the cause and filed the brief for respondent.

In Banc. Howell, J.

Howell

Plaintiff filed this declaratory judgment action against his insurer to determine coverage under the uninsured motorist portion of plaintiff's policy with defendant. The facts were stipulated and the trial court entered a judgment for plaintiff. Defendant appeals.

The sole issue is whether plaintiff became the owner of a 1951 Chevrolet automobile more than 30 days prior to plaintiff's accident with an uninsured motorist on September 21, 1970.

Plaintiff's policy contained a clause providing for automatic insurance coverage for insureds who acquire an additional auto. The clause stated:

"(1) Coverages A, B, C(1), C(2), D(1) and F shall also apply to:

"* * *.

"(b) a land motor vehicle, ownership of which is acquired by the Policyholder * * * which has not, except as a replacement, been the subject of such ownership for more than 30 days next preceding the occurrence. * * * The Policyholder shall pay any additional premium for this protection."

The stipulated facts are summarized as follows: Plaintiff, owner of a Toyota automobile, was interested in purchasing a 1951 Chevrolet station wagon.

He located one which was inoperable and without tires. "On or before August 20, 1970" plaintiff paid the seller $35 in cash for the auto, and the seller gave plaintiff "possession and control of the 1951 Chevrolet." The Chevrolet remained on the seller's premises. The certificate of title was not ...


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