Grant v. Emmco Insurance

Judge Webb

dissenting.

I dissent from the majority opinion. I believe that the terms of the insurance policy are sufficiently ambiguous so that the action should not have been dismissed under Rule 12(b).

As I read the policy, the International tractor leased by the plaintiff might have been a “newly acquired” vehicle which “replaced” the Ford tractor which had been damaged. For this reason, I vote to reverse the judgment of the superior court.