New Zealand Insurance Company v. Holloway

HUNTER, District Judge.

Tried to the court, the action is for a declaratory judgment 1 . Jurisdiction exists 2 .

Here, there is presented the situation where an insurer seeks a declaration of non-liability on an automobile liability policy issued by it, because of fraud on the part of the insured in its procurement. The defendants are the insured, his brother (the actual owner and user of the insured vehicle) and the persons injured by the alleged recklessness of the brother. The claim of the insurer is in substance to cancel the contract ab initio.

Findings of Fact.

The issues of fact and law…