Old Mutual Casualty Company v. Clark

This is an appeal of an action for declaratory judgment instituted by plaintiff which arose out of a request for liability insurance coverage due to an accident involving automobiles driven by defendants William A. Clark and Margaret Nye. As a result of the accident, occupants of the automobiles were either killed or injured. The trial court ruled that plaintiff must afford coverage for the accident.

On appeal, the issues raised are (1) whether, in the present factual setting, a disaffirmance of the purchase of an automobile should affect the rights of third parties; (2) whether plaintiff…