The plaintiff commenced these proceedings in the District Court of Weber County seeking a declaratory judgment declar*904ing that a certain automobile policy issued to the plaintiff by the defendant afforded coverage. The district court found in favor of the plaintiff, and the defendant appeals.
The plaintiff was an owner of an orchard in Delta County, Colorado. The orchard was operated as a separate business under the general supervision of a foreman, and separate books of account were kept in connection with that business. The plaintiff is a physician practicing in Ogden, Utah, and all business affairs in connection with his practice were handled separately from those of the orchard. The Colorado property was known as M & M Orchards, and a separate bank account was maintained in connection with the orchard. For many years, plaintiff had insured the vehicles used in connection with the orchard with the defendant company. During the course of that period, a number of vehicles were acquired for use in the orchard operation and were covered by the policies issued by the defendant. During those times the premiums were paid by checks drawn on the orchard bank account. During this period, the plaintiff acquired other automobiles which he kept at his places of residence in Idaho and Utah. Those vehicles were not used in connection with the orchard business. Defendant was well aware of the fact that the plaintiff had other vehicles.
In January 1973, the plaintiff agreed to purchase a used truck from North Ogden Canning Company. The plaintiff paid the purchase price but the truck remained in a locked enclosure on the Canning Company’s premises until April 6, 1973. On the latter date the plaintiff and his orchard foreman went to the Canning Company’s premises where they secured possession of the truck, and after minor repairs were made, the foreman departed Ogden, Utah, on April 7, to take the truck to the orchard in Colorado. En route the truck was involved in a one-vehicle accident and the foreman was injured. On April 7, the plaintiff, by letter, notified the defendant that he had acquired the vehicle and requested that it be covered. The plaintiff requested the same coverage as on a truck he had in use at the orchard, which was only for public liability. Sometime later the injured employee filed suit against the plaintiff in the Federal Court in Colorado claiming the vehicle was unsafe. The defense of this claim was tendered to the defendant and refused.
The policy under consideration provided for automatic coverage of a newly acquired automobile if the insured notified the company within 30 days after its acquisition. The automatic insurance contained the proviso that to be effective the company must insure all automobiles owned by the insured as of the date of delivery.
The defendant relies on three defenses: (1) that the plaintiff did not notify the company within 30 days after the acquisition of the new vehicle, and in this connection claims that the plaintiff acquired the vehicle in January 1973; (2) that all of the plaintiff’s automobiles were not insured by the defendant; and (3) the truck acquired had a larger capacity than the limit of 1500 pounds specified in the policy for a farm truck. As to (1) above, the trial court found that the plaintiff acquired the vehicle in question on April 6, 1973, and the record supports that finding. The common ordinary meaning to be attributed to the policy’s language can only mean that the insured acquired the vehicle when he took possession of it.1 In that connection, the defendant assumed no risk under the terms of its policy prior to the plaintiff’s possession. As to (2) above, the plaintiff had maintained coverage on the vehicles used in the orchard operation over a number of years. The orchard business was conducted separately and the defendant was well aware of the fact that *905the plaintiff had other vehicles insured with other companies but continued to accept the premiums without objection and without warning plaintiff that it would use that provision to defeat a claim which might be made under the policy. In view of these circumstances, we are of the opinion that the defendant waived that provision of the policy.2 In connection with (3) above, the trial court found that the weight provision contained in the policy was only a guideline which the defendant had not enforced in the past. After the accident, numerous communications were had between the plaintiff and the defendant concerning the accident and the insurance coverage. Agents of the defendant entered into án investigation and led the plaintiff to believe that the claim against the policy was being investigated and that payment would be made. The defendant insured the truck in question and collected the premium therefor. On October 29, 1973, defendant issued a corrected policy contract which recited that it was effective March 30, 1973, through March 30, 1974.
After reviewing the entire record, we are of the opinion that the trial court was correct in its ruling that the policy afforded coverage to the plaintiff. . The judgment of the court below is affirmed. The respondent is entitled to costs.
MAUGHAN, J., concurs.. Yahnke v. State Farm Fire and Casualty Co., 4 Ariz.App. 287, 419 P.2d 548; Glens Falls Ins. Co. v. Gray, 5 Cir., 386 F.2d 520; Mathews v. Marquette Casualty Co., 152 So. 2d 577 (La.App.).
. Boling v. State Farm Mut. Auto. Ins. Co., Mo., 466 S.W.2d 696.