Seaboard Fire & Marine Insurance Company v. Daniel Gibbs

MARVIN JONES, Senior Judge,*

(dissenting in part):

I agree with the majority opinion that the policy should be construed to include the type of vehicle involved in the instant case. The policy was written specifically to cover a pickup truck. It would be a rather strained construction to hold that the placing of double, rather than single, wheels on the rear of two axles would take the coverage altogether away from the vehicle. Courts throughout the country, in interpreting automobile insurance policies, have construed the term “automobile” as broadly inclusive. In Continental Cas. Co. v.…