Winterwerp v. Allstate Insurance

*722 Smith, J.,

dissenting:

I respectfully dissent.

The majority quotes from Judge Chesnut’s opinion in Aler v. Travelers Indemnity Co., 92 F. Supp. 620 (D. Md. 1950), as to the purpose of the clause here under consideration. They would have done well to have quoted the remainder of the quoted paragraph which stated:

“More specifically the evident intention of the limitation with respect to other automobiles is to prevent a situation in which the members of one family or household may have two or more automobiles actually or potentially used interchangeably but with only one particular automobile…