James T. Michel v. The ætna Casualty and Surety Company, and the Automobile Insurance Company

BREITENSTEIN, Circuit Judge.

Appellant Michel, plaintiff below and hereinafter so referred to, brought this declaratory judgment action claiming that at the time of an accident his 1955 Pontiac station wagon was insured under the automatic coverage provision of a policy issued to him by the appellees, hereinafter jointly referred to as Aetna. The case was submitted on a stipulation of facts. The trial court held that there was no coverage.

Prior to October 3, 1956, plaintiff owned three automobiles. One was a 1955 Chrysler Imperial insured by Aetna under a policy having liability limits of…