Ditmyer v. American Liberty Insurance

I am of the opinion that under the pleadings and the evidence a declaratory judgment in this case is not authorized.

American Liberty Insurance Company brought an action for declaratory judgment against Partricia Ditmyer, Frank Ditmyer, Herman A. Henderson, and John Dollar Moree, which insofar as here material, alleges as follows: '

“4. Plaintiff issued its policy of automobile liability insurance *523number CA 246359 to John Dollar Moree covering a 1960 Chevrolet pickup truck belonging to said insured, which policy was in full force and effect on February 20, 1965, at the time of the occurrence…