Farm Bureau Mutual Automobile Insurance v. Boecher

OPINION

By HORNBECK, J.

The appeal in this case was noted as upon questions of law and fact, but upon oral presentation it was agreed by counsel that it should proceed as upon questions of law only.

Upon the facts presented by the record determination of the assigned errors becomes a matter of law.

The action is one for declaratory judgment and presents the question whether or not the plaintiff insurance company is liable to Jasper M. Boecher on a policy of insurance issued to Mrs. Florence Boecher, his wife, by the plaintiff insurance company.

The plaintiff averred that there were five grounds,…