Ransom v. Fidelity and Casualty Co. of New York

The sole question for determination on this appeal is whether or not the trial court committed error in sustaining the defendant’s motion for judgment as of nonsuit.

The plaintiff contends -he has the right to recover from the defendant, Francis Lee’s insurer, by reason of the provision in the above-numbered policy of insurance relating to temporary substitute automobile coverage, which reads in pertinent part as follows: “IV (a) excq3^ where stated to the contrary, the word ‘automobile’ moans: (3) Temporary Substitute Automobile — under coverages A, B and C, an automobile not owned by the…