Iowa Home Mutual Casualty Co. v. Farmers Mutual Hail Insurance

Smith, J.-

This is a proceeding brought under our Declaratory Judgments rule 261, R. C. P. The case was decided by the trial court upon the pleadings. It is our task to determine it upon the pleaded factual situation as it stood when judgment was rendered.

Prior to August 19, 1952, defendant Farmers Mutual Hail Insurance Company issued its standard automobile policy to one John Beiser, insuring him and anyone driving his car with his consent against liability for damages for death or personal injury up to $50,000 for one person or $100,000 for one accident.

On or about the named date his car,…