Hertz Corp. v. Ashbaugh

(specially concurring).

I specially concur.

Foundation Reserve says:

[T]he only issue before this Court is an issue of law, namely, whether the 1972 Ford pick-up, not described under the policy, but owned by Ashbaugh, was a “non-owned” vehicle because of the policy having been issued to Ashbaugh in the name of “Tilman H. Ashbaugh, d/b/a Corky’s Wrecker Service.” * * *

The 1972 Ford was not a pick-up. It was a half-ton truck with a flat bed.

The answer to the issue is: The 1972 Ford half-ton pick-up was a “non-owned” vehicle because Foundation Reserve foisted upon “Corky’s Wrecker Service” a “Basic…