Emmco Insurance v. Palatine Insurance

We of the minority consider it unnecessary to labor through texts and the opinions of courts of other jurisdictions in search of the answer to the question presented upon this appeal. It is found in the policy which provides:

“This policy does not apply: . . .

“(b) Under any of the coverages, while the automobile is subject to any bailment lease, conditional sale, mortgage or other incumbrance not specifically declared and described in this policy;”

and in Moe v. Allemannia Fire Ins. Co. 209 Wis. 526, 244 N. W. 593. The essential facts in the Moe Case are identical with those with which we have…