Bjork v. Dairyland Insurance Company

MOORE, Chief Justice.

This is a declaratory judgment action to determine whether an accident involved automobile was a replacement vehicle for that described in the liability insurance policy issued by defendant company. The trial court so found and entered judgment against defendant for the amount of damages resulting from the accident which had been adjudicated against the policy holder in a prior lawsuit. Defendant has appealed. We reverse.

On July 3, 1967, plaintiff, Charles L. Krueger, age 29, and a resident of Fairmont, Minnesota, while driving his 1960 Oldsmobile in Arnolds Park, Iowa,…