Mitchell v. Burnett

This is an appeal by the intervenor-appellant, Farmers Insurance Exchange, from a declaratory judgment entered against it by the Circuit Court of White County. The sole issue is whether defendant’s liability policy issued by appellant was in effect on May 7, 1965, the date of an accident involving plaintiff’s tractor and defendant’s automobile, or whether, as contended by appellant, it had been effectively cancelled for non-payment of premium prior to said date.

The facts are not in dispute. On February 8, 1965, defendant, a resident of Mesa, Arizona, contacted an agent of appellant and made…