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CAROLINA CAS. INS. CO. v. MERGENTHALER

372 A.2d 174 (1977)

CAROLINA CASUALTY INSURANCE COMPANY, a Florida Corporation, Defendant below, Appellant, v. Lawrence E. MERGENTHALER, t/a Mergenthaler's Bus Service, and Salem County Coach Co., Plaintiffs below, Appellees.

Supreme Court of Delaware.

Decided January 4, 1977.

Revised February 25, 1977.

Attorney(s) appearing for the Case

Warren B. Burt, of Prickett, Ward, Burt & Sanders, Wilmington, for defendant-appellant.

Donald W. Booker, Wilmington, for plaintiffs-appellees.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

PER CURIAM:

In this action under a policy of casualty insurance, the critical issue is whether a 41-passenger 1950 G.M.C. coach is a "replacement" vehicle within the meaning of a Newly Acquired Automobile Clause in the contract, which provides:

"An automobile, ownership of which is acquired by the named insured ... if (I) it replaces an automobile owned by... [the insured] and covered by this policy ... and (II) the named insured ... notified the company...

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