Schroeder Ex Rel. Schroeder v. Horack

SEILER, Judge.

This is an appeal in a declaratory judgment action on a liability insurance policy. The case was transferred here after opinion in the Eastern District Court of Appeals, to resolve a question of general interest and importance pertaining to the law on cancellation of an insurance policy by the insured 1 and comes to the writer on reassignment. We will treat the case as though here on original appeal.

Respondent Robert Schroeder, a minor, by William Schroeder, his father and next friend, filed a petition in two counts. Count I asked for damages for personal injuries sustained by…