Western Mutual Insurance Company v. Wood

(dissenting) — I think the majority opinion is unsound. Not a single authority is cited that supports it.

As the majority observes, the facts are not in dispute. No witness testified for defendants. The policy covered defendant Wood’s 1941 Super De Luxe Ford sedan but provided it would cover a newly acquired automobile “if the named insured notifies the company within thirty days following the date of its delivery to him, and if * * * it replaces an automobile described in this policy * * *” (i.e., the Ford).

January 23, 1952, a finance company repossessed the Ford and Wood acquired a 1937…