FITCH v. BYE

No. 42063.

180 N.W.2d 866 (1970)

William L. FITCH, et al., Respondents, v. Roger BYE, et al., Respondents, Preferred Risk Mutual Insurance Company, Appellant.

Supreme Court of Minnesota.

Rehearing Denied November 19, 1970.


Attorney(s) appearing for the Case

Karlins, Grossman, Karlins, Siegel & Brill and Robert L. Lowe, Minneapolis, for appellant.

Coulter, Nelson & Sullivan, and Lee LaBore, Minneapolis, for William L. Fitch.

Lindquist & Vennum and John B. Winston and Kenneth F. Kirwin, Minneapolis, for Roger Bye.

Heard before KNUTSON, C. J., and NELSON, OTIS, SHERAN, and JAMES F. MURPHY, JJ.


OPINION

OTIS, Justice.

This is an appeal from a declaratory judgment determining that defendant Preferred Risk Mutual Insurance Company affords coverage to defendants Bye for damages occurring to plaintiffs Fitch arising out of a two-car automobile collision. Since the Bye vehicle was not described in the Preferred policy, the issue is whether Bye acquired ownership of it as a replacement of the described automobile within the meaning of the Preferred policy...

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