Insurance Company of North America v. Federated Mutual Insurance Company

I respectfully dissent. I cannot agree with the majority’s conclusion that the Tennessee Supreme Court would not give effect to the exclusionary clause in Federated’s policy. The language of that clause expressly bars coverage when a tractor is used in the manner in which it was used here. The District Court’s interpretation subverts the plain meaning of the exclusionary clause.

That clause states,

“This policy does not apply:

“(c) under coverages A and B, while the automobile is used for the towing of any trailer owned or hired by the insured and not covered by like insurance in the company. .…