Stanley Green, as Assignee of Dexter Hopkins v. The J.C. Penney Auto Insurance Company, Inc., a Corporation

FLAUM, Circuit Judge.

This is an appeal from a declaratory judgment action in which the district court declared the existence of a valid insurance contract and ordered the defendant insurer to pay $146,788.97 to an assignee of the insured pursuant to that contract. We affirm the district court’s finding that a valid insurance contract was in effect at the time of the incident giving rise to this action, but vacate and remand on the issue of the proper measure of damages.

In April 1977, the putative insured, Dexter Hopkins, had been insured for a period of approximately a year and a half by the…