Standard Accident Insurance Company v. Ralph W. Starks, John L. Starks, Harold O. Walker, D. A. Mangerie, of the Estate of Boyce J. Bennett, Deceased

EDWARDS, Circuit Judge.

In this case plaintiff-appellant, Standard Accident Insurance Company, seeks a declaratory judgment holding it not liable under a policy of insurance issued to defendant, John Starks. The suit was filed after a car, title to which was in the name of defendant, was involved in a fatal accident while being driven by defendant’s son. The accident occurred December 25, 1962. The policy had an expiration date of April 10, 1963.

Two changes of circumstance from those originally contemplated at the time of issuance of the policy are obvious in this matter. First, the original…