Fitch v. Bye

Otis, Justice.

This is an appeal from a declaratory judgment determining that defendant Preferred Risk Mutual Insurance Company affords coverage to defendants Bye for damages occurring to plaintiffs Fitch arising out of a two-car automobile collision. Since the Bye vehicle was not described in the Preferred policy, the issue is whether Bye acquired ownership of it as a replacement of the described automobile within the meaning of the Preferred policy.

In July 1963, Bye purchased a 1955 Ford for which he secured liability coverage from Preferred. In November 1963, he purchased a 1957 Plymouth,…