Walton Motor Co. v. American Hardware Mutual Insurance

KERR, District Judge.

This action involves a single question, viz.: the meaning of the words “at actual cost to the insured” as used in an automobile dealer’s open policy.

For the, sake of brevity the Walton Motor Company, a corporation, will be referred to as “plaintiff” and the American Hardware Mutual Insurance Company, a corporation, will be referred to as “defendant”.

The material facts are not in dispute. The plaintiff is engaged in selling new and used cars and trucks in the City of Cheyenne. On December 3, 1956, the defendant issued to the plaintiff its policy of insurance for a period…