Harold B. Wackerle and Evelyn Wackerle v. Pacific Employers Insurance Company, a Corporation

VAN OOSTERHOUT, Circuit Judge.

This is an appeal from a declaratory judgment determining that appellee (plaintiff below) was not liable to the appellants on an automobile liability insurance policy and dismissing appellants’ counterclaim. Jurisdiction is based on diversity of citizenship. The decisive issue is the validity of a driver exclusion endorsement.

On November 15, 1952, appellee, for a consideration of $145.16 paid it, delivered to Muriel Wymer its standard automobile liability policy running for one year, with coverage upon insured’s 1951 Mercury automobile of $15,000 per person,…