short not to your advantage what do you think i believe it's probably a neutral factor because they ask for any work when a term is not defined sharon's policy is to apply the plain ordinary i mean usage of  term dictionary maybe one indicator of what right plain ordinary common usage is but it's not dispositive it's just one indicator people every every day use the term customer and they know what it means without  so the fact is not to find a particular dictionary really is neither here nor there in my you can still have a plain ordinary common definition of a term even if it's not defined particular dictionary or in any dictionary again now i have another in another area if we used the definition of the trial court here how would your exclusion work if somebody had already exclusion only applies when someone buys a car this exclusion has a very very narrow application to a small subset of people but even more importantly you have to look at well in that context this policy is a whole and trying to this so really what you're what you're saying is that your position is at the opposite end of their position or at least that would be the ambiguous  term as the circuit court found circuit court said that the scenario just as gordon just pointed out could be a customer or would be a customer and that's what worse allows to use a car but so that's my point so you're saying that customer excludes a person that has already bought a  needed that insurance coverage you would you would not need to define customer to include people who completed a purchase because they're not sure it's anyway because the car is now no longer owned by oh i thought that was just  once you purchase a car you're no longer an insurer and if only customers are excluded and customers or only those who have purchased the only class of people you are excluding are those who are no longer shirts and you have to expand the definition of customer just the same way mr meyer here wasn't sure because he was using a test drive vehicle permissibly if it was owned by motor works but he's excluded because he was a customer because he was a potential purchas and this whole point that we're getting at that the only way to have this exclusion have any meaning at all is if the term customer necessarily includes potential purchasers was recognized by several other courts and cited some of those in briefs the american state disputed by one side or another doesn't make it ambiguous because otherwise every term in a policy could be rendered ambiguous just because one side says well i don't agree and that's not the law the law says that the courts are allowed to take these disputes and applied playing common ordinary meaning of the term someone walks into a grocery store or starts putting back items in a basket before they've reached the checkout line their customer if someone goes into a shoe store starts crying and shoes before they get that register with a pair they like their customer for the very same reason here mr mopper who went in interested in buying a new car talked to a sales person asked to take a test ride the salesperson accompanied him that's right he was a customer when he was on that test right at the time of the accident even though we hadn't completed the purchase yet and if we say no he's only a customer after his completed the purchase well then we get back to the same problem the exclusion has no meaning at all i'd like to reserve the rest are like dictionary the fifth edition say one who regularly repeatedly makes purchases are his business dealings is not a business dealing when you're test driving it back i don't think so i think business dealings this when you sit down and start product and there are a couple salesman sitting there do you think that they say there's a customer coming through the door or do you think there's a potential customer coming through the door or do you say i mean what what what what usage there's a  well what word would they use when they say here's a here's a cousin or forty i don't know what they'd say i know what i know what the dictionary says the dictionary i want dictionary definition what happened to plain ordinary common usage if that's the common usage and that common usage is reflected in the policy why shouldn't we enforce that common usage well the the insurance company could have defined custom they did that insurance contract itself he sure his contract was negotiated between motor works and its insurers that's so good so he did it mr marker is to some extent a stranger to that policy and to to to suggest that we have to interpret it in a favorable manner for his benefit when he really had nothing to do with it at all the two people that really were concerned about what does customer mean was motor work and the insurance company not now and never went to her so i would really wonder whether the those cases that you're relying on had any application to this particular situation well let me tell you what how i come i would approach it if you run no what because you know there's had no incentive to insure her or her but the law required why would they insure my or i or any other driver for a catastrophe i answered that first already they do because business is why have the saying it's actually their policy maybe they hold to exclude why people but they didn't i mean that's that's their problem and it's interesting that this comes after their head after there was at least a decade they would probably be ridiculed if they had a hundred or three hundred thousand dollar policy covering their ass truckers a million dollars that seems to be consistent with the fine if they're selling that if you if you look at the way the transcripts of a pair of the proceedings that are part of the record the way judge mackey approach the problem is the right way and he  up i respectfully submit the only question before you is looking to the dictionary accepting that it's a hidden and accepting that definition is that a reasonable but perfect patient a customer and is there on the other hand when you look at the burden that including everybody who enters the shop within the definition of customer is that the only reasonable definition those are the rules for being pretty much no different then than the two views taken by the circuit court judge just below that some of those terms can be read to mean an actual purchase and some of those definitions can mean something written with respect to any particular context generic it can't take into account the factual contractual context in which the term is written so even if we do have let's say two competing definitions dictionary one says you have to complete purchase another says be a potential purchaser and that's in speed pretty conclusive that it is in fact that there is that kind of a between i don't concede that but well say for i think your point is that in the context of this insurance policy only one definition is reasonable that's exactly right if we assume there are two competing definitions the court as to say viewed in context which one is reasonable if they're both reasonable and you might dictionary definition are you talking motor works had no obligation to purchase more than the statutory minimum is for its testicles if purchased a little bit more million dollars being cautious most of the excess suppl because they only want to provide limited coverage as required by the statute or in this case it decided to buy a million dollars to be cautious because these are just customers it's not their own employees to some extent i think their own sales to some extent they can't control who comes in the door and who takes that car for upper dry that's it and that's exactly right the pricing i'm policy that covers test drivers is a lot more difficult because you don't know who's coming in as in this case you get someone who comes in dressed hundred miles an hour so that's that's a real problem when you're trying to write policy if you don't know who's going to define the wheel therefore we're asking the court find christopher m here is not if anyone walks onto the property of a motor dealer are they customers we have a specific set of events is christopher miner who walked in interested in a car talk to a sales asked take a test ride got in the car for a test drive with the sales person was here customer at the time of the accident that's the question to be answered here and we submit the only reasonable answer for that question is