Auto-Owners Ins. Co. v. DeLude

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Auto-Owners Insurance Company ("Auto-Owners"), an automobile insurance carrier, appeals from a declaratory judgment in favor of Cortland D. DeLude d/b/a Tri-County Auto Sales. We affirm.

The transcript of the bench trial reveals the following pertinent, albeit somewhat convoluted, facts. Cortland DeLude purchased a Lincoln Town Car automobile from James L. Allensworth d/b/a Town Creek Auto Sales on April 21, 1997. DeLude paid Allensworth $13,5001 for the vehicle,…