It also complains of the exclusion of certain proffered evidence bearing on the ownership of the automobile. 247 F. Supp. 381 (E.D.Va. 1965). On September 1, 1961, the plaintiff, Richard J. Carey, was injured when his car collided with a 1961 Chevrolet driven by Cecil Foster, the son of Virgil Foster. As a result of the accident Carey recovered judgment against Cecil Foster in the amount of $45,000. It is not disputed that the Chevrolet was covered by a standard liability insurance policy, issued by the defendant to Cecil Foster and Virgil Foster as named insureds and effective for the period from June 27, 1961 to September 13, 1961.
" The courts are not uniform in their decisions regarding the length of time this automatic coverage is afforded to a newly acquired automobile when a 30 day automatic coverage provision is construed. Appellants cite and rely on Carey v. State Farm Mutual Insurance Company, 247 F. Supp. 381 (1965), wherein it was held coverage under a policy issued on a previously owned automobile automatically applied to the newly acquired automobile and continued for the remaining policy period. The coverage continued after a separate policy was purchased and in effect on the newly acquired automobile.
Thus when that policy is renewed, the newly acquired automobile is the insured automobile, even though not so designated in the renewal policy. Carey v. State Farm Mut. Ins. Co., 247 F. Supp. 381 (E.D. Va. 1965), aff'd 367 F.2d 938 (4th Cir. 1966); Hughes v. Glens Falls Ins. Co., 485 P.2d 597, 599 (Ariz. App. 1971). If timely notice is not given, an additional automobile acquired in a given period will not be insured in a renewal period.
The 1955 Chevrolet was covered under that policy and all that the insurance company was entitled to was notice within the policy period of the dated acquisition of the automobile so that it could adjust the premiums in the policy. Carey v. State Farm Mutual Insurance Company, 247 F. Supp. 381 (E.D.Va. 1965); Velkers v. Glens Falls Insurance Company, 93 N.J. Super. 501, 226 A.2d 448 (1967); Imperial Casualty and Indemnity Company v. Relder, 308 F.2d 761 (8th Cir. 1962); National Union Fire Insurance Company v. Falciani, 87 N.J. Super. 157, 208 A.2d 422 (1965); Beasley v. Wolf, 151 So.2d 679 (Fla.App. 1963); Quaderer v. Integrity Mutual Insurance Company, 263 Minn. 383, 116 N.W.2d 605 (1962); American Universal Insurance Company v. Costello, 95 R.I. 191, 185 A.2d 447 (1962). What was the effect of appellee's renewing the policy without including the Chevrolet? Glens Falls Insurance Company v. Gray, 386 F.2d 520 (5th Cir. 1967) contains the following dicta which we deem apropos:
Each of the litigants has cited decisions from foreign jurisdictions as supporting his position. The appellees rely chiefly on Carey v. State Farm Mutual Ins. Co., 247 F. Supp. 381 (1965), a decision of the U.S. District Court for the Eastern District of Virginia, and authorities relied upon in that opinion. In Carey, an accident occurred on September 1, 1961, involving a 1961 Chevrolet owned by Foster.