Temperance Insurance Exchange v. Coburn

McQUADE, Justice.

On November 9, 1958, an automobile driven by the defendant, Max J. Coburn, was involved in an accident that resulted in the death of the parents of the respondents, Cleone Baxter, Radele Baxter and Sheldon Baxter. Subsequently, the appellant, Tem perance Insurance Exchange, who had issued a policy of automobile liability insurance to Coburn, brought this action for the purpose of obtaining a judicial declaration that the policy had been fraudulently obtained by Coburn by means of false representations and concealment of facts in his application for the policy and for this…