United Farm Bureau Mutual Insurance v. Elder

The dispute in this lawsuit centers around the question of whether the automobile of Thomas C. Elder, the defendant-insured, was a replacement automobile or an additional automobile under the insurance policy issued by United Farm Bureau, the plaintiff-insurer. Under the terms of the policy, a replacement automobile would have coverage whereas an additional automobile would not have coverage. Also in issue is whether or not that determination is a question of law or fact. United filed a declaratory judgment action. Its motion for summary judgment was allowed.

Thomas Elder purchased a Ford…